Smt.Kala v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.3475 of 2019 Kala .....

Petitioner

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tasildhar, Kizhpannathur Taluk, Thiruvannamalai District.

4. S.Durairaji

5. Venniyammal

6. Tamilarasi

7. S.Arumugam

8. Gowri .....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of the Respondents, particularly the 3rd respondent impugned order dated

03.12.2018 vide Ref.No.Pa.Mu.B1/1127/2017 and quash the same, consequently direct the respondents 1 to 3 restore the same earlier position, i.e. the patta in the petitioner's name for the house property bearing No.44 Anna Street, Kizhpennathur and Taluk, Thiruvannamalai District, Thiruvannamalai, comprised in Grama Natha Survey No.598/14 (Old S.No. 199/1) to an extend of 0.02.30 ares. For Petitioners : Mr.R.Thanjan For R1 to R3 : Mr.N.Naveen Kumar Government Advocate

ORDER

This Writ Petition has been filed challenging the order dated 03.12.2018 passed in Ref.No.Pa.Mu.B1/1127/2017 by the third respondent, thereby included the legal heirs of one Durairaj in the joint patta.

2. Heard Mr.R.Thanjan, learned counsel appearing for the petitioner, Mr.N.Naveen Kumar, learned Government Advocate appearing for the respondents 1 to 3 and perused the materials available on record.

3. The petitioner's husband was residing in the house bearing Door 53, Old No.44, Anna Street, Kizhpennathur Taluk, Tiruvannamalai District, comprised in Survey No.598/14, admeasuring an extent of 0.0230 sq.mts, during his life time. The said house was assessed to property tax. Subsequently, he died on 21.07.2005 leaving behind the petitioner. While being so, the respondents 4 to 8 submitted an application seeking inclusion of their names also as joint pattadars in the patta issued in favour of the petitioner. After due enquiry, the third respondent found that the subject property was originally purchased by the petitioner's father-in-law one Chellakutti Gounder by a registered sale deed dated 24.03.1956 vide document No.594 of 1956 from one Subbaraya Gounder, Son of Appu Gounder. Thereafter, the said Chellakutti Gounder died on 15.11.

1992 leaving behind the respondents 4 to 8 and the petitioner's husband Balaraman as his legal heirs.. After demise of the said Chellakutti Gounder, the petitioner's husband as well as the respondents 4 to 8 became entitled to equal share in the subject property.

4. Admittedly, there was no partition between the legal heirs

of the said Chellakutti Gounder. However, patta was issued in the name of the petitioner alone, who is being daughter-in-law of the said Chellakutti Gounder. Therefore, the third respondent rightly included the name of the respondents 4 to 8 as joint pattadars in respect of the subject property.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 03.12.2018 passed in Ref.No.Pa.Mu.B1/1127/2017 by the third respondent. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. 02.09.2025 Internet : Yes Index : Yes/No Lpp To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tasildhar, Kizhpannathur Taluk, Thiruvannamalai District.

G.K.ILANTHIRAIYAN, J.

Lpp 02.09.2025