Amirthavalli v. The Tahsildar

WP NO. 21111 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 21111 of 2025 AMIRTHAVALLI W/o.Kodilingam, Main Road, Devapandalam Village, Sankarapuram Taluk, Kallakurichi District. Petitioner(s) Vs The Tahsildar O/o.The Tashildar, Thiruvannamalai Taluk And District.

Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 05/03/2025 with regard to issuance of patta infavour of the petitioner in respect of property to an extent of 1400 Sq.ft comprised in Survey No.90 /1 situated at Vengikkal Village, Thiruvannamalai Taluk and District within a stipulated period that may be fixed by this court.

For Petitioner(s): Mr. G.Balamanikandan For Respondent(s): Mr.A.Selvendran, Spl. GP

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed praying for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 05/03/2025 with regard to issuance of patta infavour of the petitioner in respect of property measuring an extent of 1400 Sq.ft comprised in Survey No.90 /1 situated at Vengikkal Village, Thiruvannamalai Taluk and District within a stipulated period that may be fixed by this court.

3. Learned counsel for the petitioner submitted that the petitioner's father Pazhani Mudhaliyar, during his life time, executed an unregistered Will on 09.03.2004 bequeathing his property comprised in S.No.90/1, situated at Vengikkal Village, Thiruvannamalai District, measuring an extent of 1400 sq.ft. in favour of petitioner. The petitioner submitted a representation dated 05.03.2025 to the Revenue Officials for issuance of patta in her name. The

District Collector, Thiruvannamalai, vide his proceedings dated 23.04.2025 forwarded the same to the respondent to take appropriate action, however, the same has been kept pending by the respondent till date without any action. Hence, the present writ petition is filed.

4. Learned Spl. Govt. Pleader for the respondent would submit that the petitioner has submitted a representation dated 05.03.2025 seeking for issuance of patta in favour of petitioner, however the petitioner has to take out an online application for issuance of patta. If any such online application is filed, the same would be considered and appropriate orders would be passed after issuing notice to the petitioner and any other interested parties/rival claimants, after affording an opportunity of personal hearing, within a time frame to be fixed by this court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, it is open to the petitioner to take out an online application seeking issuance of patta. If any such application is filed, the

respondents shall consider the same on its own merits and pass appropriate orders in accordance with law, after issuing notice to the petitioner, any other interested persons/rival claimants and after affording the petitioner and any other interested parties/rival claimants an opportunity of personal hearing within a period of twelve (12) weeks from the date of petitioner's application. It is made clear that this Court has not expressed any views with regard to the merits of the representation, the concerned respondent shall consider the representation on its own merits and in accordance with law.

6. The writ petition stands disposed of with the above direction. No costs.

17-06-2025 msr Index:yes/No Internet:yes/No To

1. The Tahsildar O/o.The Tashildar, Thiruvannamalai Taluk and District.

MOHAMMED SHAFFIQ, J.

msr WP NO. 21111 of 2025 17-06-2025