IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE K. SURENDER
S.Vellachi Alias Vellaiammal – Appellant
Versus
The District Collector – Respondent
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 01.12.2025 CORAM THE HONOURABLE MR. JUSTICE K.SURENDER W.P.(MD)No.34802 of 2025 and W.M.P.(MD)No.27505 of 2025 S.Vellachi @ Vellaiammal ... Petitioner Vs
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The Tahsildar, Eral Taluk, Thoothukudi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Order vide Na.Ka.Aa1/2645/2025 dated 29.09.2025, passed by the 2nd respondent and quash the same and further directing the 2nd respondent to issue patta to the petitioner for the Survey No. 46/13 part, with an extent of 0.01.19 Ares (3 cents), in Vazhavallan Village, Eral Taluk, Thoothukudi District.
For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.P.Subbaraj, Spl. Govt. Pleader
O R D E R
This Writ Petition is filed challenging the order passed by the second respondent dated 29.09.2025, wherein the request of the petitioner seeking issuance of patta has been rejected.
2. Both parties are present and by considering their arguments, this Writ Petition is disposed of at the admission stage itself.
3. The petitioner is aggrieved by non issuance of patta by the Government in her family, though pattas were issued to other villagers in the very same area. The claim of the petitioner is that patta has to be issued to an extent of 0.01.19 ares, which is roughly works out to 133 square yards. I fail to understand that when all the other pattadhars were given patta, how the said extent of 133 square yards has been issued for common purpose to the villagers.
4. By way of the impugned order, the second respondent refused to issue patta for the sole reason of objections being raised by the other villagers regarding the said extent of 133 square yards being used for common purpose. It is not mentioned in the impugned order, as to how the said extent of land is being used for common purpose by the villagers. When the pattas were issued to other villagers and the petitioner was also stand on the same footing, issuance of patta to the petitioner cannot be denied, when the petitioner is residing in the said premises for a period of 50 years.
5. Accordingly, the impugned order passed by the 2nd respondent is set aside and the Writ Petition is allowed. The 2nd respondent is directed to issue patta on the ground of parity, as early as possible. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(K.SURENDER, J.)
01.12.2025 vsm Index: Yes/No Internet: Yes/No Neutral Citation: Yes/No To
1. The District Collector, 2. The Tahsildar, K.SURENDER, J.
vsm
01.12.2025
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