BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.01.2026 CORAM THE HONOURABLE MR.JUSTICE K.SURENDER V.Karuthapandi ... Petitioner(s)

Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Tirunelveli.

3. The Tahsildar, Manur Taluk, Tirunelveli District.

4.R.Aathimoola Krishnan (R4 impleaded vide order of this Court dated 20.01.2026) ... Respondent(s)

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to issue patta by assigning the land measuring 2 acres in Survey Number 168 of Kurichikulam Village, Manur Taluk, Tirunelveli District in favour of the petitioner.

For Petitioner :Mr. V.Kannan For Respondents :Mr.D.Sadiq Raja Addl. Government Pleader for R1 to R3 Mr.D.Venkatesh for R4

O R D E R

This writ petition has been filed seeking the issuance of a writ of mandamus, directing the respondents to issue patta by assigning the land measuring 2 acres in Survey Number 168 of Kurichikulam Village, Manur Taluk, Tirunelveli District, in favour of the petitioner.

2. Learned counsel for the petitioner submitted that the petitioner has been in possession of the subject land and has been cultivating the same till date. It was further submitted that, pursuant to a representation made by the petitioner, the Tahsildar forwarded a proposal to the District Collector on 31.10.2017, recommending the grant of free patta in favour of the petitioner in respect of the said land. However, no orders have been passed on the said proposal so far. Aggrieved by the inaction of the authorities, the present writ petition has been filed.

3. Learned counsel for the petitioner submitted that it would suffice if the petitioner’s representation dated 19.06.2024 is considered by the respondents and appropriate orders are passed thereon, either accepting or rejecting the same, within a stipulated time frame.

4. Per contra, the learned Additional Government Pleader appearing on behalf of respondents 1 to 3 contended that, as per the revenue records, the land in question belongs to Karuppasamy Temple. He submitted that the land is classified as “Government Poramboke” of the Karuppasamy Temple” in the revenue records. It was further contended that the petitioner and his joint family members own other properties. Since an eviction notice has already been issued to the petitioner, the present writ petition has been filed only to evade the eviction proceedings. Therefore, the relief sought by the petitioner cannot be granted.

5. Heard the learned counsel for the parties and perused the materials available on record.

6. It is not in dispute that the subject land is classified as “Government Poramboke” of the Karuppasamy Temple in the revenue records. Admittedly, the petitioner cannot claim assignment of a particular land as a matter of right. The grant of patta or assignment of land, if any, is within the discretion of the competent authorities and is generally intended for landless persons. In the present case, it is evident that the petitioner and his family members own other properties. Therefore, the relief sought by the petitioner for assignment of the said land cannot be granted.

7. However, since the petitioner has confined his prayer to the consideration and disposal of his representation, this Court deems it appropriate to direct the third respondent to consider and dispose of the petitioner’s representation dated 19.06.2024 on merits and in accordance with law, as expeditiously as possible, taking into account all the aforesaid aspects. Since an eviction notice has already been served on the petitioner and the authorities are contemplating eviction proceedings, the legal remedies available to either of the parties are left open.

8. Accordingly, this writ petition stands disposed of with the above observations. No costs.

(K.SURENDER, J)

20.01.2026 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN To

1. The District Collector, Tirunelveli Distr