Madras High CourtWP(MD)/2130/2024disposed of

Kuppammal v. The Tahsildar

2024-02-02Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2130 of 2024 Kuppammal ... Petitioner vs.

1.The Tahsildar, Oddanchatram Taluk, Dindigul District.

2.Mr.Palani ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to enquire and dispose of the petitioner's representations dated 26.10.2023 and 22.12.2023 in accordance with law. For Petitioner : Mr.K.K.Samy For R1 : Mr.SRA.Ramachandran, Additional Government Pleader 1/5

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to enquire and dispose of the petitioner's representations dated 26.10.2023 and 22.12.2023 in accordance with law.

2.The case of the petitioner is that her grandfather one late Mr.Kambalam Madhari owned 7 acres of land in Survey No.74 of Jogipatti Village, Oddanchatram Taluk, Dindigul District. After his demise, the said property was enjoyed by his two wives Mrs.Muthi and Mrs.Palani Ammal. Kambalan Madhari and his first wife namely Mrs.Muthi had a daughter named Mrs.Sangarammal. The petitioner is the daughter of Sangarammal. After the demise of Sangarammal, the petitioner is enjoying her mother's share. During the year 2010, the legal heirs of Palani Ammal executed a settlement of their share in favour of the petitioner. However, subsequently, the petitioner came to know that patta in respect of entire 7 acres of land was mutated in the name of Kuppan Madhari, S/o. Palani, who is one of the legal heirs. According to the petitioner, the said patta is invalid. In this regard, on 26.10.2023 2/5

and 22.12.2023, the petitioner has also made a representation to the respondents seeking to cancel the patta granted in favour of Kuppan Madhari. Since no action has been taken by the respondents, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned Additional Government Pleader appearing for the first respondent, on instructions, would submit that if the petitioner produces the legal heirship certificate, the first respondent is ready to issue joint patta to the petitioner.

4. Considering the said submissions, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the petitioner's representation, dated 22.12.2023 and pass appropriate orders, after providing opportunity to all the parties concerned, by considering the documents to be produced by the petitioner, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

5. With the above direction, this Writ Petition is disposed of. No costs.

02.02.2024 Index:Yes/No NCC:Yes/No PM To The Tahsildar, Oddanchatram Taluk, Dindigul District.

V.BHAVANI SUBBAROYAN,J.

4/5

PM W.P.(MD)No.2130 of 2024 02.02.2024 5/5