Mariammal v. The District Collector

ORDER This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to grant free house site patta to the petitioner in respect of the petitioner's house bearing Door No.18, constructed on the Government land, comprised in Survey No.T.S.No.353, situated at Block 4, Ward H, Chinthamani Village, Puliyankudi, Kadaiyanallur Taluk, Tenkasi District, on the basis of the petitioner's representation dated 16.06.2025.

¶2By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

¶3The learned counsel for the petitioner submits that the petitioner is in continuous possession and enjoyment of the house constructed on the land measuring 38 cents comprised in T.S.No.353, Block 4, Ward H, Chinthamani Village, Puliyankudi, Kadaiyanallur Taluk, Tenkasi District. The said land was originally assigned as checkadi poramboke land to the Vaniga Vaisiyar community several decades ago for the purpose of crushing natural resources and extracting oil using wooden or stone mortar and pestle.

¶4It is submitted that the assigned checkadi poramboke land has been left unused by the Vaniga Vaisiyar community for over 30 years. Subsequently, several persons, including the petitioner, constructed houses on the said land and have been residing there along with their families. The petitioner constructed her house on the land about 25 years ago, which has been assigned Door No.18, and has also obtained an electricity connection in her name. The petitioner submitted a representation dated 16.06.2025 seeking issuance of a free house site Patta in respect of her house bearing Door No.18, constructed on the Government land. Despite the submission of the representation, no action has been taken by the authorities to consider the same. Hence, the present Writ Petition has been filed seeking appropriate direction for consideration and issuance of Patta in favor of the petitioner.

¶5The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation was rejected on the ground that a civil suit in O.S.No.5 of 2007 was filed by the Vaniga Vaisiya Community, claiming possession and enjoyment of the subject property and seeking relief of permanent injunction and declaration.

¶6It is submitted, however, that the petitioner was not made a party to the said suit, despite being in possession and enjoyment of the property for the past 30 years.

¶7Since the issues are now pending before the Civil Court, if the petitioner apprehends that her rights may be curtailed or affected in any manner, it is open to her to implead herself in the civil suit and seek appropriate remedy.

¶8With the above observations, this Writ Petition stands disposed of. No costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

17.02.2026 smn2 To:-

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tashildar, Kadaiyanallur Taluk, Tenkasi District. K.SURENDER

, J.

smn2

17.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER Mariammal ... Petitioner -vs- 1.The District Collector, Tenkasi District, Tenkasi. 2.The Tashildar, Kadaiyanallur Taluk, Tenkasi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to grant free house site patta to the petitioner in respect of the petitioner's house bearing Door No.18, constructed on the Government land comprised in Survey No.T.S.No.353, situated at Block 4, Ward H, Chinthamani Village, Puliyankudi, Kadaiyanallur Taluk, Tenkasi District, on the basis of the petitioner's representation dated 16.06.2025. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.D.Sadiq Raja Additional Government Pleader