K.Santhi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER K.Santhi ... Petitioner Vs.

1.The Tahsildar, Madurai East, Y.Othakadai, Madurai.

2.Mahalingam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to cancel the patta in Patta No.128 for the property in Survey No.17/6 situated at Kadhakinaru, Madurai and consequently direct the first respondent to issue joint patta to the petitioner and other legal heirs of petitioner's father based on the representation dated 17.11.2025 within the time fixed by this Court.

For Petitioner : Mr.K.Sathish Kumar For R1 : Mr.N.Ramesh Arumugam Government Advocate Page No. 1 of 5

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to cancel the patta bearing Patta No.128 in respect of the property comprised in Survey No.17/6, situated at Kadhakinaru, Madurai and issue a joint patta in favour of the petitioner and the other legal heirs of the petitioner's father, based on the representation dated 17.11.2025, within the time to be fixed by this Court.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself, dispensing with the notice to the second respondent, as no adverse orders are proposed to be passed against him.

3. The grievance of the petitioner is that the subject property belonged to the petitioner's father, who died intestate leaving behind the petitioner, her two sisters and her two brothers, out of whom one brother has since passed away. Though all the legal heirs are entitled to the said property, the patta was granted only in the name of the petitioner's surviving brother, who is the second respondent herein, by suppressing Page No. 2 of 5

the fact that there are other legal heirs as well. Therefore, the petitioner submitted a representation dated 17.11.2025 seeking cancellation of the patta issued in the name of the second respondent and issuance of a joint patta in the names of all the legal heirs of the petitioner's father. However, no action has been taken on the petitioner's representation so far. Thus, the petitioner has been constrained to file the present Writ Petition.

4. The learned Government Advocate appearing for the first respondent, on instructions, would submit that the petitioner's representation dated 17.11.2025 would be considered and appropriate orders would be passed by the first respondent within a period of twelve weeks.

5. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the first respondent to consider the petitioner's representation dated 17.11.2025 and pass appropriate orders on its merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The representation shall be disposed of after conducting an enquiry. The first respondent is also directed to Page No. 3 of 5

provide a reasonable opportunity of hearing to the petitioner, the second respondent herein and any other interested parties who may be affected by such decision, before passing any order. In the event of any rival claims, the parties are at liberty to pursue their remedies before the competent Civil Court. There shall be no order as to costs. [K.SURENDER, J.] 27.01.2026 JEN Index : Yes / No To The Tahsildar, Madurai East, Y.Othakadai, Madurai.

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K.SURENDER , J.

JEN 27.01.2026 Page No. 5 of 5