Sakthivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD).No.1064 of 2026 Sakthivel ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai,

2. The Zonal Tahsildar, Kulathur Taluk, Pudukkottai District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for records relating to the impugned order passed by the 2nd respondent in his proceedings Doc.No.NIL Dated NIL and quash the same as illegal, arbitrary and violation of Principles of Natural Justice and consequently direct the respondents to issue the Patta in the petitioner's name in connection with Survey No.486/3 Ares, to an extent of 0.23.50 ares, Survey No.486/4 to an extent of 0.20.50 Ares, Survey No,486/6 to an extent of 0.11.50 1/5

Ares, Survey No,486/10 to an extent of 0.5.00 Ares, Survey No.486/11 to an extent of 0.9.50 Ares and Survey No,440/15B to an extent of 0.11.50 Ares situated at Aalvanpatti, Udaiyalipatti Village, Kulathur Taluk, Pudukkottai District on the basis of the petitioner's online application in Application No. 2025/0103/22/381116 dated 12.12.2025 within a time frame to be fixed by this Court.

For Petitioner : M/s.R.Shyamala For Respondents : Mr.D.Gandhiraj Special Government Pleader

O R D E R

The Writ Petition has been filed to quash the impugned order passed by the second respondent and consequently direct the respondents to issue patta .

2. The learned counsel for the petitioner submitted that the respondents refused to issue patta on the ground that the property remains undivided and that an objection has been raised by one Sathya, who is one of the legal heirs of the deceased Subbulakshmi. It is further submitted that the petitioner is the brother of the said Subbulakshmi and has married Chitra, who is her daughter. The said Subbulakshmi had five daughters, namely Gomathi, Kavitha, Chithra, Geetha, 2/5

and Sathya. The petitioner claims a right over the property based on a Will alleged to have been executed by Subbulakshmi. However, one of her daughters, Sathya, has objected to the grant of patta, contending that the said Will is unregistered and has been fraudulently created by the petitioner.

3. Heard the learned Special Government Pleader appearing for the respondents 1 and 2.

4. Since registration of a Will is not mandatory, the respondent cannot summarily reject the application merely on the ground of objections raised by the legal heirs of Subbulakshmi. Therefore, this Court directs the respondents to conduct an enquiry after issuing notice to the petitioner as well as to all the daughters of Subbulakshmi, namely Gomathi, Kavitha, Chithra, Geetha, and Sathya, and thereafter pass appropriate orders in accordance with law. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. Further, all the parties are at liberty to approach Civil Court for their remedy.

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5. With the above directions, this Writ Petition is disposed of. No costs. 12.03.2026 (1/2) Index : Yes / No Internet : Yes NCC : Yes / No msrm To

1. The District Collector, Pudukkottai District, Pudukkottai,

2. The Zonal Tahsildar, Kulathur Taluk, Pudukkottai District.

...

3. The Special Government Pleader, Madurai Bench of Madras High Court, Madurai 4/5

S.SRIMATHY, J msrm Order made in and WMP(MD).No.1064 of 2026 12.03.2026 (1/2) 5/5