Petitioner sought patta for a survey number classified as water body (Odai); the District Revenue Officer declined. The High Court held that the character of the land cannot be assessed in writ proceedings and that the petitioner's remedy lies before the civil court. Writ petition dismissed.
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W.P(MD)No.17527 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.17527 of 2025
Martin Manimuthu
... Petitioner
Vs.
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W.P(MD)No.17527 of 2025
6.The Block Development Officer, Manur Panchayat Union, Tirunelveli District.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings impugned order passed by the second respondent vide Ni.Mu.Ke 2/2797/2025 (U.D.R.No.53/2025) dated 09.06.2025 and quash the same as illegal and consequently direct the fourth respondent to issue patta in the name of the petitioner.
For Petitioner : Mr.M.Sankar For Respondents : Mr.S.Vinoth Government Advocate for R.1 to R.4
Mr.G.Vairam Santhosh Additional Government Pleader for R.5 & R.6
ORDER
Heard both sides.
2.The petitioner approached the District Revenue Officer, Tirunelveli
for grant of patta in respect of the petition mentioned survey number. The District Revenue Officer, Tirunelveli noted that the said survey number has been classified as “water body” (Odai) and declined to issue patta. Challenging the same, this Writ Petition came to be filed.
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W.P(MD)No.17527 of 2025
3.In writ proceedings, the character of the land cannot be assessed.
We will have to necessarily go by the entry in the revenue record. If according to the petitioner, the survey number in question ought not to have been classified as water body, his remedy lies only before the civil Court.
4.Granting such liberty to the petitioner, this Writ Petition is dismissed. There shall be no order as to costs.
[G.R.S., J.] [B.P., J.] 03.07.2025
NCC : Yes / No Internet : Yes / No Index : Yes / No MGA
To
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W.P(MD)No.17527 of 2025
G.R.SWAMINATHAN, J
and
B.PUGALENDHI, J.
MGA
W.P(MD)No.17527 of 2025
03.07.2025
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1 issue framed by the court
Whether a writ court can reclassify land recorded as water body (Odai) and direct grant of patta.
1 provisions across 1 enactments
Martin Manimuthu
The District Collector, Tirunelveli District
The District Revenue Officer, Tirunelveli District
The Revenue Divisional Officer, Tirunelveli District
The Tahsildar, Manur Taluk
Panchayat President, Mela Ilanthaikulam
G.R.Swaminathan
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
