Madras High Court

Dr.P.Sivasubramanian vs The Special Commissioner And on 5 June, 2025

                                                                                       W.P.(MD) No.15267 of 2025


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 05.06.2025

                                                        CORAM:

                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                           W.P.(MD) No.15267 of 2025

                     Dr.P.Sivasubramanian,
                     S/o.Ponnusamy Nadar                                                    ... Petitioner
                                                               Vs.

                     1.The Special Commissioner and
                       Commissioner of Land Administration,
                       Ezhilagam, Chennai.

                     2.The District Collector,
                       Kanyakumari District,
                       Nagercoil.

                     3.The District Revenue Officer,
                       Kanyakumari District,
                       Nagercoil.

                     4.The Revenue Divisional Officer,
                       Nagercoil,
                       Kanyakumari District.

                     5.The Tahsildar,
                       Agasteeswararam Taluk,
                       Kanyakumari District.                                           ... Respondents

                     Prayer :- Petition filed under Article 226 of the Constitution of India,
                     praying for issuance of Writ of Mandamus, directing the respondents to

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                                                                                            W.P.(MD) No.15267 of 2025


                     rectify the erroneous classifications of the land bearing (Old Survey No.
                     13720/A1)-Survey Nos.5/1, 5/2, 5/3, 5/5, 5/6, 5/7, 5/8, 6/1, 6/2, 6/3, 6/4,
                     6/7, 6/9, 6/10, 8/1, 8/2, 8/3, 8/7, 8/8, 8/10, 9/2, 9/5, 9/6, 9/10, 11/2,
                     11/5, 12/1, 12/2, 22/4, 28/7, 31/9, 33/7, 43/5, 49/1, 49/4 53/4, 13/4,
                     14/7, 8/9, 9/4, 9/7, 13/3, 6/5, 6/8, 8/6, 9/3, 9/8 and 9/11 situated at
                     Neendakarai 'B' Village, Agasteeswaram Taluk, Kanyakumari District,
                     totally measuring to an extent of 6.59 1/2 acres and further directing the
                     respondents to mutate the revenue records in favour of the petitioner and
                     the other co-owners and consequently, to issue patta to them by
                     considering their final representation dated 03.03.2025.


                                       For Petitioner        :    Mr.M.P.Senthil
                                                                  for Mr.A.Mohamedhaneef

                                       For R1 to R5          :    Mr.A.Baskaran
                                                                  Additional Government Pleader

                                                                 ORDER

This writ petition has been filed seeking a direction to the

respondents to rectify the erroneous classification of the land situated in

Old Survey No.13720/A1, New Survey Nos.5/1, 5/2, 5/3, 5/5, 5/6, 5/7,

5/8, 6/1, 6/2, 6/3, 6/4, 6/7, 6/9, 6/10, 8/1, 8/2, 8/3, 8/7, 8/8, 8/10, 9/2,

9/5, 9/6, 9/10, 11/2, 11/5, 12/1, 12/2, 22/4, 28/7, 31/9, 33/7, 43/5,

49/1, 49/4 53/4, 13/4, 14/7, 8/9, 9/4, 9/7, 13/3, 6/5, 6/8, 8/6, 9/3,

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9/8 and 9/11, situated at Neendakarai 'B' Village, Agasteeswaram Taluk,

Kanyakumari District, measuring an extent of 6.59 ½ acres as promboke

and further to direct the respondents to mutate the revenue records in

favour of the petitioner and other co-owners and consequently, issue

patta for them, by considering the petitioner's representation dated

03.03.2025.

2.Heard the arguments of Mr.M.P.Senthil, for Mr.M.Mohamed

Haneef, learned counsel for the petitioner and Mr.A.Baskaran, learned

Additional Government Pleader appearing for the respondents. By

consent of both sides, this Writ Petition is taken up for final disposal at

the admission stage itself.

3.It is the case of the petitioner that he and his three brothers are absolute

owners of the above mentioned property, measuring an extent of 6.59 ½ acres.

Recognizing the petitioner's possession and enjoyment, the erstwhile Travancore

State Government granted “Vettozhivu Mara Pattom” in favour of the petitioner's

predecessor in title. Based on the said right, the property has been subjected to

partition by the petitioner's family members. It is further stated by the petitioner that

the subject property has been wrongly classified as Poramboke land. Therefore, the

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petitioner submitted several representations before the respondents seeking

rectification of the erroneous entry and issuance of patta in his name. The last of the

representation of the petitioner was submitted on 03.03.2025 and the same has not

been considered till date. Hence, the petitioner has come before this Court with the

above mentioned prayer.

4.The learned Additional Government Pleader appearing for the

respondents, by drawing the attention of this Court to the civil decree

passed in A.S.No.26 of 2004, on the file of the Second Additional Sub

Court, Nagercoi, submitted that as per the findings of the Civil Court, the

petitioner cannot be construed as the absolute owner of the property and

therefore, the request of the petitioner for issuance of patta cannot be

considered.

5.The petitioner and the other co-owners filed a suit for declaration

of title and injunction against the Government in O.S.No.53 of 1996, on

the file of District Munsif Court, Nagercoil. The said suit was dismissed.

Aggrieved by the same, the petitioner and the other co-owners filed a

first appeal in A.S.No.26 of 2004, on the file of the Second Additional

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Sub Court, Nagercoil. The said appeal was allowed and the suit filed by

the petitioner and others was decreed, declaring their possessory rights

over the subject property and the Government was restrained from

interfering with the enjoyment of the subject property by the plaintiffs

therein, including the petitioner. The Civil Court in its judgment clearly

defined the rights of the petitioner in the subject property in the

following words and the same reads as follows:-

As per the recital in the Vettozhivy Mara Pattom it is stated that “ ntl;nlhopT khwhg;ghl;lkhf vOjpr;Rf;nfhz;L ifahz;L i\ ghj;jpapy; ehs;top tpisAj;j cg;gpy; xd;W ghjpAk; msT khwhjJk;ifahz;L khre;NjhWk; Mz;LtNuAk; nfhLj;J Mre;jpujhuKk; re;jjp gpuNtrKk; ntl;nlhopT khwhg;ghl;lkhf ahg;gpr;Rf; nfhs;SkhWk;- nghbT” Only through this documents plaintiffs claimed right for them as well as for the predecessor in title. Here in this District and as per the customs and convention prevailed in Travancore Cochin State Vettozhivu Mara Pattom is an irredee- and irrevocable one. The term Vettozhivy Mara pattom is to be construed that “chpikia tpl;nlhopje;J khw;w Kbahj.” This cannot be disputed. Since it is a permanent lease confering absolute right with an only condition imposed was to provide the share with manufacture

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of the salt to the Government. Therefore, this is free from tax. Only for manufacturing of the salt “;Xd;W ghjp” to be paid to the Government.

6.Therefore, the Civil Court declared the possessory rights of the

petitioner and other plaintiffs therein and restrained the Government

from interfering with their right to enjoy the property. Hence, it is clear

that the petitioner has got permanent occupancy right in the subject

property. In these circumstances, this Court is inclined to direct the first

respondent to consider the representation of the petitioner dated

03.03.2025, in the light of the Civil Court decree passed in A.S.No. 26 of

2004, on the file of the Second Additional Sub Court, Nagercoil and to

pass final orders on its own merits, within a period of sixteen weeks,

after affording reasonable opportunity to the petitioner and other

interested parties, if any.

7. With the above direction, this Writ Petition is disposed of.