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Krishnaveni v. The Commissioner

Writ of Mandamus under Article 226 – free house site pattas – cancellation sought

Madras HC8 Aug 2025WP(MD)/27254/2019

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Case brief

AI extract

What is this about?

Cancellation of free house site pattas; Survey No.1650/15, Gopalakrishnapuram Village, Sevalkulam Post, Thiruvenkatam Taluk, Tirunelveli District (now Tenkasi District); Article 226 mandamus; Tahsildar enquiry and status report; one-year construction condition violated by 51 of 60 beneficiaries; acquisition through registered sale/gift/partition deeds; Tahsildar recommendation to Revenue Divisional Officer; direction to RDO to decide; W.P(MD)No.27254 of 2019; Madurai Bench of Madras High Court; disposed on 08.08.2025 by S.M.Subramaniam, J. and Dr.A.D.Maria Clete, J.

What did the court decide?

Writ petition disposed of directing the Revenue Divisional Officer to look into the matter and take an appropriate decision as expeditiously as possible; no order as to costs. ¶51

Krishnaveni Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of directing the Revenue Divisional Officer to look into the matter and take an appropriate decision as expeditiously as possible; no order as to costs.

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 5 to cancel the free house site pattas granted to respondents 6 to 19 in Survey No.1650/15 (2.5 acres, Gopalakrishnapuram Village, Sevalkulam Post, Thiruvenkatam Taluk). +1 more

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Court's answer

The Court directed the Revenue Divisional Officer to look into the matter and take an appropriate decision as expeditiously as possible on the question of cancellation of the free house site pattas, rather than itself cancelling the pattas.

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Ratio / Principle

The writ petition is disposed of with the above directions, and there shall be no order as to costs.

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Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 – free house site pattas – cancellation sought – Petitioner sought a direction to official respondents 1 to 5 to cancel free house site pattas granted to respondents 6 to 19 in Survey No.1650/15, 2.5 acres, Gopalakrishnapuram Village, Sevalkulam Post, Thiruvenkatam Taluk, Tirunelveli District (now Tenkasi District), alleging non-compliance with patta conditions and grant to ineligible persons, pursuant to her representation dated 12.07.2018 – Per the Tahsildar's status report, only 9 of 60 beneficiaries constructed houses and reside therein; 51 have not constructed houses and the sites remain vacant, violating the condition to construct within one year of issue; some holders are deceased or residing outside the town; several acquired the lands through registered sale, gift or partition deeds; the Tahsildar recommended cancellation to the Revenue Divisional Officer – Held: the Court did not itself cancel the pattas; the Revenue Divisional Officer was directed to look into the matter and take an appropriate decision as expeditiously as possible – Writ petition disposed of; no order as to costs.

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W.P(MD)No.27254 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.27254 of 2019

Krishnaveni

... Petitioner

vs.

1.The Commissioner, Land Administration, Chepauk, Chennai.

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2.The District Collector, Tirunelveli District, Tirunelveli.

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3.The District Collector, Tenkasi District, Tenkasi.

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4.The Revenue Divisional Officer, Tenkasi Revenue Division, Tenkasi District.

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1/9

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.27254 of 2019

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5.The Tahsildar, Thiruvenkatam Taluk Office, Tirunelveli District.

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6.Gurupriya 7.Guruprasan 8.Sindhu 9.Vignesh 10.Devarani 11.Pasupathi 12.Subburaj 13.Ganesan 14.Velmurugan 15.Rajavaiyapuri 16.Indirajothivaiyapuri 17.Vijayaragavan 18.Senthil Kumar 19.Guruchamy

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20.Subburaj 21.Palanisamy 22.Jeyaraman 23.Rajini 24.G.K.Seenivasan 25.Seenivasan 26.Seeniammal 27.Palanisamy 28.Vaiyapuri 29.Raj Naickar 30.Jeganathan 31.Vellaiammal 32.Ayyanar 33.Subathra

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https://www.mhc.tn.gov.in/judis

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34.Duraisamy

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W.P(MD)No.27254 of 2019

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34.Duraisamy 35.Janaki 36.Karthika 37.Padmavathi 38.Mahalakshmi 39.Ramasubbu 40.Rajendran 41.Sudhakar 42.Krishna Leela 43.Sorubarani 44.Parvathammal 45.Rajeswari 46.Veerasamy 47.Mariammal 48.Seethammal 49.Janakiram 50.Muneeswari 51.Kaleeswari 52.Jeyaraman 53.Balakrishnan 54.Velammal 55.Kalavathi 56.Madasamy 57.Ramalakshmi 58.Maharajan 59.Selvaraj 60.Seenivasan 61.Kanagaraj 62.Ramar Ammal 63.Jegadeesan 64.Ayyammal ... Respondents (R – 20 to R – 64 are impleaded vide order dated 07.07.2025 in W.M.P(MD)No.19131 of 2024)

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.27254 of 2019

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to cancel the free house site pattas granted in the name of the respondents 6 to 19 in Survey No.1650/15 to an extent of 2.5 acres situated at Gopalakrishnapuram Village, Sevalkulam Post, Thiruvenkatam Taluk, Tirunelveli District (now Tenkasi District) based on the petitioner's representation dated 12.07.2018.

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For Petitioner : Mr.P.Muthsamy For RR 1 to 5 : Mr.P.Thilak Kumar Government Pleader For R – 12 : Mr.R.J.Karthick

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J.)

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The relief sought for in the present Writ Petition is to direct the respondents 1 to 5 to cancel the free house site pattas granted in the names of the respondents 6 to 19 in Survey No.1650/15 measuring an extent of 2.5 acres, situated at Gopalakrishnapuram Village, Sevalkulam Post,

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4/9

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.27254 of 2019

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Thiruvenkatam Taluk, Tirunelveli District (now Tenkasi District), based on the petitioner's representation dated 12.07.2018.

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2.The petitioner states that the conditions stipulated in free house site patta have not been complied with by the beneficiaries. That apart, patta has been granted to ineligible persons. With reference to the allegations raised by the petitioner, the Tahsildar, Thiruvengadam, conducted an enquiry and the status report filed by the Tahsildar, Thiruvengadam, states as follows:

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“4.I respectfully submit that the on the above said directions, this respondent has conducted enquiry as to the eligibility of the persons who had secured free house site patta and along with this status report a table column is filed showing the patta granted to the beneficiaries under the basis of possession as well as by the registered document. In the said column the persons mentioned in the S.Nos.4, 7, 16, 41, 43, 49, 52, 53, 56 ie., 9 persons alone have constructed house therein residing along with their family members and remaining 51 persons who were effected with patta has not constructed house accordingly the said lands are still found as vacant house site.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.27254 of 2019

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5.I respectfully submit that insofar the persons mentioned in the column S.Nos.14, 22, 41, 43, 51 and 55 have demised and the persons in S.No.36, 10, 11, 3 and 58 are residing in outside of the Town, thereby this respondent is not in position to conduct enquiry with them. The persons mentioned in the S.Nos.1, 2, 3, 4, 5, 6, 7, 9, 12, 13, 14, 15, 16, 17, 18, 19, 28, 29, 30, 31, 32, 33, 40, 41, 42, 43, 44, 47, 50, 52, 53, 54, 56, 57, 58, 59 and 60 have acquired the said lands through registered deed (sale deed, gift deeds and partition deeds). The remaining persons mentioned in S.Nos.8, 10, 11, 20, 21, 22, 23, 24, 25, 26, 27, 34, 35, 36, 37, 38, 39, 45, 46, 48, 49, 51 and 55 were effected with patta under the long term possession therein. It is also brought to the notice of this Hon'ble Court that the persons who were effected with free house site patta has to construct house within one year from the date of issue and the said condition has been violated by the 51 persons, as they have not constructed any houses therein till date. The table column filed along shall be treated as part and parcel of this status report.”

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3.The learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that only nine beneficiaries have complied with the conditions, while 51 beneficiaries have violated the conditions. The

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.27254 of 2019

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Tahsildar has recommended for cancellation of the patta to the Revenue Divisional Officer.

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4.In view of the above, the Revenue Divisional Officer is

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directed to look into the matter and take an appropriate decision as expeditiously as possible.