Chithandi Poosari Vs The District Collector

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the first to fifth respondents from locating the Paalvadi in the land comprised in Survey Nos.479/1, situated at Kalavayal Village, Ponnamaravathi Taluk, Pudukottai District in the light of the long and undisturbed possession and enjoyment of the said land for more than time immemorial based on the 2C patta standing in their name besides directing the third respondent to issue a patta in his favour based on the petitioner’s representation dated 17.07.2023 within the time frame as fixed by this Court.

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For Petitioner : Mr.S.Alagusundar For R1 to R4 : Mr.P.Subbaraj Special Government Pleader

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O R D E R

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This Writ Petition has been filed seeking the issuance of a Writ of Mandamus forbearing the first to fifth respondents from locating a Paalvadi in the land comprised in Survey No.479/1, situated at Kalavayal Village, Ponnamaravathi Taluk, Pudukottai District, in the light of the petitioner’s long and undisturbed possession and enjoyment of the said land based on the 2C patta standing in his name and consequently directing the third respondent to issue patta in favour of the petitioner on the basis of his representation dated 17.07.2023.

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Page No. 2 of 6

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

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W.P.(MD) No.29819 of 2023

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2. The grievance of the petitioner is that he and his ancestors have been in possession and enjoyment of the subject property from time immemorial, tracing their possession to the Chola period, during which the land was allotted to the petitioner’s ancestors by a copper-plate grant for the purpose of forming and maintaining a pond (Oorani) and protecting it from pollution. The petitioner’s ancestors were also cultivating the land. Based on such possession, a 2C patta was granted to the petitioner under the provisions of the Board of Revenue Standing Orders by order dated 17.06.1993. At present, the first to fifth respondents are attempting to construct a Paalvadi in the said land. Therefore, the petitioner has been constrained to file the present Writ Petition.

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3. The learned Special Government Pleader appearing for the first to fourth respondents, on instructions, would submit that in fact, the land in Survey No.479/1, for which the petitioner seeks patta, is classified as a road and that the building has been constructed in Survey No.479/2. He would further submit that if the petitioner submits the relevant documents, the same would be considered for issuance of patta.

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Page No. 3 of 6

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

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W.P.(MD) No.29819 of 2023

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4. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the petitioner to produce all relevant documents in support of his claim for issuance of patta in Survey No.479/1. On receipt of the same, the first respondent, District Collector, shall consider the petitioner’s representation dated 17.07.2023 and pass appropriate orders after conducting an enquiry. It is needless to state that before passing any order, the petitioner and any other parties who may be affected by such decision shall be heard. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

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[K.SURENDER, J.] 16.02.2026

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JEN Index : Yes / No Neutral Citation : Yes / No

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To

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