S.Krishnan v. The Assisant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.A.No. 2044 of 2021 S.Krishnan ...Appellant Vs.

1.The Assistant Director, District Ex-Servicemen's Welfare Office, Salem.

2.The Tahsildar, Salem West, Salem District.

...Respondents

PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order passed in W.P.No.5018 of 2016 dated 18.02.2021 by allowing the present Writ Appeal.

For Appellant : Mr.K.S.Karthik Raja For Respondents : Mr.Vadivelu Deenadayalan, Addl. Govt. Pleader ******* 1/4

J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) Present intra-Court appeal has been instituted by writ petitioner to assail writ order dated 18.02.2021 made in W.P.No.5018 of 2016.

2. Appellant claims that his father is an Ex-serviceman and served as Sepoy during II World War. Subject land was assigned in favour of his father and he was in possession and enjoyment of subject property. Based on continuous enjoyment, father of appellant submitted an application for grant of patta. After death of his father, appellant approached respondents to grant patta in his capacity as legal heir. Request of appellant was rejected vide proceeding dated 04.10.2012 and said rejection was reiterated by competent Authority on 25.06.2015. Challenging said rejection orders, Writ Petition came to be instituted.

3. Writ Court found that appellant could not able to produce any assignment order granted in favour of his father. That apart, even as per appellant, it was a conditional assignment made in favour of his father. In respect of assignment, after death of assignee, it must be re-assigned by competent Authority in terms of Revenue Standing Orders. Therefore, in the absence of any assignment order, Authority rejected the claim of appellant. 2/4

4. That being factum, this Court does not find any infirmity in respect of writ order impugned. Consequently, Writ Appeal stands dismissed. No costs. (S.M.S., J.) (M.S.Q., J.) 06.11.2025 dsa Index :Yes/No :Yes/No Speaking/Non-speaking order To 1.The Assistant Director, District Ex-Servicemen's Welfare Office, Salem.

2.The Tahsildar, Salem West, Salem District.

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S.M.SUBRAMANIAM, J.

and MOHAMMED SHAFFIQ, J.

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