Madras High Court

Madras HC: Neithavoyal Village Land Remains Communal, Rejects Private Claims

Updated
Dec 16, 2025 3:03 PM
madras-hc-neithavoyal-village-land-remains-communal-rejects-private-claims

Summary: On November 24, 2025, the Madras High Court, led by Justice Dr. A.D. Maria Clete, dismissed an appeal about communal land in Neithavoyal Village. The court supported the villagers' rights, rejecting private ownership claims.

The Case Background

In this case, Ilamurugan from Kancheepuram challenged an earlier decision about land in Neithavoyal Village, Ponneri Taluk. The land, covering 9.68 acres (S.No.877/1), was claimed as communal property by the villagers, who used it for various community activities like grazing cattle and performing rituals.

The Dispute

The main issue was whether this land was communal or belonged to Ilamurugan's family. Ilamurugan argued that a land record issued to his father proved private ownership. However, the villagers insisted it was communal land, used by them for over a hundred years.

Court's Findings

Justice Dr. A.D. Maria Clete noted:

"The land record is only about taxes and does not prove ownership."

The court emphasized that such records don't override communal usage, especially when there's long-term public use.

Evidence and Observations

A report from a court-appointed investigator was crucial. It described features like a threshing floor and cattle-washing facilities, supporting the villagers' claims of communal use. The court found this evidence convincing, stating:

"The land has been used by the villagers together and not as private property."

Final Decision

The court dismissed the appeal, confirming the communal status of the land. Justice Clete highlighted that no important legal question needed further review.

This judgment reinforces the importance of communal rights and traditional land use in Neithavoyal Village. It also clarifies that land records like ryotwari pattas do not automatically cancel communal claims. This decision is a significant win for the villagers, ensuring their continued access to and use of the land.