Amutha v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 12.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Amutha ... Petitioner Vs

1. The District Collector, Pudukkottai.

2. The District Revenue Officer, Pudukkottai.

3. The Revenue Divisional Officer, Illupur.

4. The Tahsildar, Kulathur @ Keeranur, Kulathur Taluk, Pudukkottai District.

5. The Tahsildar, Illupur Post and Taluk, Pudukkottai District.

6. Palaniyappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 4 and 5 to include the legal heirs of the Natesan Kozhunthirar for which 1/6

patta was granted in the name of Natesan situated at Keeranur, Nanjur, Laknapatty and Vilapatty by considering the petitioner's representation dated 21.12.2022.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader for R1 to R5 Mr.T.Veerakumar for R6

O R D E R

The petitioner herein seeks a direction to the respondents 4 and 5 to include the names of all the legal heirs of Natesan Kozhunthirar in the patta for the property that stood in the name of Natesan Kozhunthirar, by considering the petitioner's representation dated 21.12.2022.

2. Heard the arguments of Mr.P.Ganapathi Subramanian, learned counsel for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader appearing for respondents 1 to 5 and Mr.T.Veerakumar, learned counsel appearing for 6th respondent.

3. According to the petitioner, she married one Vairam, son of 2/6

Natesan Kozhunthirar. The said Natesan Kozhunthirar died leaving behind his five sons viz., Palaniyappan, Muthusamy, Dharman, Lakshmanan and Vairam and daughter Ramamirtham as his legal heirs. Subsequently, the petitioner's husband viz., Viram died on 20.05.2018. Therefore, the petitioner and her children are entitled to share in the estate of Natesan Kozhunthirar. The 6th respondent obtained patta for the properties that stood in the name of Natesan Kozhunthirar, by excluding the other legal heirs of Natesan Kozhunthirar. Therefore, the petitioner submitted a representation on 21.12.2022 seeking inclusion of the names of all the legal heirs of Natesan Kozhunthirar. The same has not been considered. Hence, the petitioner has come before this Court.

4. The learned Additional Government Pleader appearing for the official respondents would submit that the properties of Natesan Kozhunthirar, situate in two different Taluks, coming under the control of respondents 4 and 5. However, the representation of the petitioner was submitted only before the 4th respondent. Therefore, the learned Additional Government Pleader would submit that the petitioner may be directed to submit a fresh representation before the respondents 4 and 5. 3/6

5. In view of the submission made by the learned Additional Government Pleader, this Court, without expressing any opinion on the merits of the matter, directs the petitioner to submit a fresh representation before the respondents 4 and 5, within a period of two (2) weeks from the date of receipt of a copy of this Court. On submission of the said representation by the petitioner, the respondents 4 and 5 shall consider the same and pass final orders on its own merits, within a period of twelve (12) weeks thereafter, after issuing notice to the petitioner and all other legal heirs of Natesan Kozhunthirar.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

12.06.2025 vsm Index: Yes/No Internet: Yes/No 4/6

To

1. The District Collector, Office of the Collectorate Building, Sivagangai District.

2. The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

3. The Inspector of Survey, Department of Land Survey, Collectorate Building, Sivagangai District.

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S.SOUNTHAR, J.

vsm W.P (MD) No.1824 of 2023 12.06.2025 6/6