Occupants of grama natham lands have a right to patta, subject to the merits of individual claims.

COMMON ORDER

These two writ petitions have been filed by N.Virumandi and his sister-in-law Palaniammal. Each of them assert that they are in occupation of an extent of 1950 square feet pursuant to registered Will dated 27.12.2001. It is stated that the legatees under the said Will were N.Virumandi and his brother Vijayan. In spite of applying for patta in respect of occupied grama natham lands, it is stated that the Tahsildar refused to act on the application.

2. Learned counsel for the petitioner relies on the judgment of this court in N.S.Krishnamoorthi and others v. District Collector and others (W.P.Nos.4936 of 2025 and related matters), wherein this Court held that occupied grama natham has been recognized in several earlier judgments of the court as the private property of the occupant. On that basis, learned counse contends that the respective petitioner is entitled to a patta. 3. Learned Special Government Pleader refutes these contentions by referring to revenue records disclosing that the petitioner and his brother are the pattadhars in respect of other lands. He refers to Patta No.

274 in respect of Survey No.137/40 of the extent of 0.64 ares. He also refers to Patta No.210, which is a joint patta, wherein the names of Virumandi and Vijayan find place. He points that this patta relates to several survey numbers. He also points out that the documents filed in the typed set to prove occupation relate to Survey No.137/40 and not Survey No.136/1. Without prejudice to these contentions, he submits that the respective petitioner's request would be considered and disposed of.

4. In the judgment of this Court in 2025:MHC:790 , this Court held that occupied grama natham is liable to be treated as the private property of the occupant as per earlier decisions in that regard. On account of conflicting decisions on this issue, the matter has been referred to a Full Bench in W.P.(MD) No.19720 of 2017. In any event, the case of the respective petitioner herein is that they are entitled to a patta notwithstanding the fact that they are the pattadhars in respect of other lands. The said issue did not fall for consideration in the judgment relied on by learned counsel

5. Nonetheless, the request of the respective petitioner warrants consideration on merits. Accordingly, without making any observations on the merits, these writ petitions are disposed of by directing the Tahsildar to consider and dispose of the request for patta by the respective petitioner within three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the respective petitioner. No costs.