Vittalan Pothy v. The Personal Assistant To Commissioner / Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD) No.26972 of 2025

1. Vittalan Pothy

2. Nagarajan Pothy

3. Manjunathan Pothy

4. Mukkiyapranan

5. Harikrishnan

6. Srinivasan

7. Lakshmi.

Rep. By their Power of Attorney Haridass. ... Petitioners Vs

1. The Personal Assistant to Commissioner / Principal Secretary, Survey and Settlement, Chennai-600 005.

2. The Commissioner of Land Administration, 2nd Floor, 1/5

Ezhilagam, Chennai.

3. The District Collector, Kanyakumari District, Nagercoil.

4. The Tahsildar, Agasteeswaram Taluk at Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to reclassify the land in R.S.No.D6/37, based on the decree made in S.A.No.833 of 1990 on the file of the this Court dated 01.03.2002 and pass necessary order directing the Tahsildar, Agasteeswaram Taluk, Nagercoil, Kanyakumari District to issue patta in favour of the petitioners in respect of 1 1/2 cents of land comprised in R.S.No.D6/37 of Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District based on the petitioners representation dated 31.01.2025. For Petitioner : Mr. C. Sankar Prakash For Respondents : Mr.K.Balasubramani Special Government Pleader

O R D E R

By relying on the judgment and decree in S.A.No.833 of 1990 to the effect that the petitioner had purchased 1 1⁄2 cents in R.S. No.D6/37 and the order of this Court dated 06.10.2023 in W.P.(MD) No.7046 of 2/5

2016, the petitioner seeks consideration of the request for reclassification by the Commissioner of Land Administration.

2. Learned Special Government Pleader accepts notice for all the respondents. He submits that the Commissioner of Land Administration would consider and dispose of the request for reclassification on merits.

3. Accordingly, without expressing any opinion on the merits, this Writ Petition is disposed of by directing the Commissioner of Land Administration to consider and dispose of the petitioner's request for reclassification within three (3) months from the date of receipt of a copy of this order. The Commissioner of Land Administration shall take into account of the judgment and decree in S.A.No.833 of 1990 while disposing of the matter. No costs. W.M.P.(MD) No.26972 of 2025 is allowed.

NCS : Yes/No 27.11.2025 Index : Yes / No Internet : Yes / No apd 3/5

To

1. The Personal Assistant to Commissioner / Principal Secretary, Survey and Settlement, Chennai-600 005.

2. The Commissioner of Land Administration, 2nd Floor, Ezhilagam, Chennai.

3. The District Collector, Kanyakumari District, Nagercoil.

4. The Tahsildar, Agasteeswaram Taluk at Nagercoil, Kanyakumari District.

4/5

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 27.11.2025 5/5