S.Kanniyammal v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2025
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 36919 OF 2025 S.Kanniyammal, W/o. Subramaniyan, No.66, Serapattu Main Road, Rangappanur Village And Post, Vanapuram Taluk, Kallakurichi District. -606 402.
Petitioner(s) Vs 1.The Commissioner Of Land Administration Land Administration Department, 2nd Floor, Ezhiligam, Chepauk, Chennai-600 005.
2.The District Collector, District Collector Office, Kallakurichi.
3.The Sub Collector /Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi District. 4.The Revenue Commissioner, Revenue Commissioner Office, Kallakurichi District.
5.The Superintendent Of Police District Superintendent Of Police Office, Kallakurichi District.
6.The Tahsildhar, Tahsildhar Office, Vanapuram, Kallakurichi District.
7.The Zonal Deputy Tahsildhar, Tahsildhar Office, Vanapuram, Kallakurichi District.
8.The Village Administrative Officer Seerparthanallur Village, Vanapuram Taluk, Kallakurichi District.
Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records and quashing the impugned order dated 01.04.2025 issued by the 7th Respondent by rejecting the application No.2025/0103/33/412386 and consequently direct the respondents to issue separate patta in S.No.s 150/2A and 150/2D to an extent of 2 acres 24 cents situated at Arkavadi Village, Vanapuram Taluk, Kallakurichi District.
For Petitioner(s):
Mr.N. Vignesh For Respondent(s):
Mr.D.Ravichander, Special Government Pleader For Rr2 To 4, 6 And 8 Mr.R.Venkatesa Perumal, Government Advocate For R5
ORDER
This Writ Petition has been filed by the petitioner challenging the rejection order passed by the 7 th respondent in the application No.2025/0103/33/412386, filed for issuance of separate patta as per the unregistered Will dated 30.05.2002.
2.Mr.D.Ravichander, learned Special Government Pleader, takes notice on behalf of the respondents 2 to 4, 6 & 8 and Mr.R.Venkatesa Perumal, learned Governemnt Advocate takes notice on behalf of the5th respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.
3.Learned counsel for the petitioner would submit that the petitioner is entitled to the subject property by virtue of the Will dated 30.05.2002. The Will was executed in favour of the petitioner and other legal heirs by her deceased father. The other legal heirs have not objected to issue patta in the name of the petitioner. Without considering this aspect, the 7 th respondent rejected the application of the petitioner filed for transferring patta in her name. 4.Learned Special Government Pleader appearing for the respondents 2 to 4 & 8 would submit that the Will dated 30.05.2002 was executed by the deceased father of the petitioner in favour of the petitioner and other legal heirs. Unless and otherwise, any relinquishment deed is executed relinquishing the right in favour of the petitioner with regard to the subject property, the respondent cannot issue any patta in the name of the petitioner and hence the application of the petitioner got rejected.
5.Considering the submissions made by either parties, it is evident that since the Will dated 30.05.2002 was executed in favour of the petitioner and other legal heirs, without any relinquishment from the other legal heirs the petitioner cannot obtain patta in her name in respect of the subject property. Thus, this Court does not find any fault in the decision making process of the 7 th respondent on rejecting the application of the petitioner. 6.In the result, this writ petition is dismissed with liberty to make fresh representation along with necessary documents. 03-09-2025 (1⁄2) rst Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Commissioner Of Land Administration Land Administration Department, 2nd Floor, Ezhiligam, Chepauk, Chennai600 005. 2.The District Collector, District Collector Office, Kallakurichi.
3.The Sub Collector / Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi District.
4.The Revenue Commissioner, Revenue Commissioner Office, Kallakurichi District.
5.The Superintendent Of Police, District Superintendent Of Police Office, Kallakurichi District.
6.The Tahsildhar, Tahsildhar Office, Vanapuram, Kallakurichi District.
7.The Zonal Deputy Tahsildhar Tahsildhar Office, Vanapuram, Kallakurichi District.
8.The Village Administrative Officer Seerparthanallur Village, Vanapuram Taluk, Kallakurichi District.
KRISHNAN RAMASAMY J.
rst AND WMP NO. 36919 OF 2025 03-09-2025 (1⁄2)