Citation : 2026 Latest Caselaw 430 Mad
Judgement Date : 17 February, 2026
W.P.(MD)No.4355 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.4355 of 2026
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
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W.P.(MD)No.4355 of 2026
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.
2. By consent, the Writ Petition is taken up for final disposal at the
admission stage itself.
3. The 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.
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4. It 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.
5. The 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.
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6. It 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.
7. Since 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.
8. With 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.
____________
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K.SURENDER, J.
smn2
17.02.2026
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