Vincent Savari Raj v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Vincent Savari Raj : Petitioner Vs.

1.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

2.The Village Administrative Officer, Pudukudi Village, Tirunelveli District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to issue patta in favour of the petitioner's name in respect of the S.No.91/19 and 88/2B Pudukudi Village, Cheranmahadevi Taluk, Tirunelveli, based on his representation dated 11.11.2024 within the time stipulated by this Court.

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For Petitioner : Mr.S.Sathyachidambaram For Respondents : Mr.S.Kameswaran, Government Advocate

O R D E R

The petitioner has filed the present writ petition seeking disposal of his representation dated 11.11.2024, for issuance of patta.

2.Considering the limited scope of the relief sought for by the writ petitioner, with the consent of the learned Counsel on either side, Writ Petition is taken up for final disposal. 3.The petitioner seeks separate patta in his name in respect of a property that has been Willed by his mother. The request for said issuance of patta has been made by the petitioner as early as on 11.11.2024. However, learned Government Advocate would invite my attention to the communication of the Tahsildar where, the Tahsildar by order dated 17.12.2024, while considering the representation of the petitioner has called upon the petitioner to produce the certificate or satisfactory documentary evidence to establish that the 2/6

petitioner's name Vincent Savari Raj is the same Vincent, who is referred to in the Will. According to the learned Government Advocate, unless the petitioner satisfies the said requirement of the revenue authorities, the application for patta cannot be processed further.

4.In view of the above, the Writ Petition is disposed of, directing the first respondent to conduct an enquiry and also afford an opportunity to the petitioner as well as other legal heirs, who may have objection to the Will. It is open to the petitioner to satisfy the first respondent regarding the mismatch of the names in the Will and the petitioner's name as projected by him to be Vincent Savari Raj. However, learned Counsel for the petitioner states that to the said communication of the Tahsildar dated 17.12.2024, the petitioner has already sent a reply on 24.02.2025, complying with the requirement of the Tahsildar, by providing his Aadhar card, which carries the father's name of the petitioner, who is the husband of the petitioner's mother Gnanasamuthiram. In any event, the representation for issuance of patta is pending with the respondents. 5.Considering the above, it would suffice to direct the first respondent to conduct enquiry and pass orders on the petitioner's 3/6

application taking into account the documents already submitted by the petitioner including Aadhar card and if necessary, after hearing other legal heirs of the Gnanasamuthiram, within a period of eight [8] weeks from the date of receipt of a copy of this order. 6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

10.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

2.The Village Administrative Officer, Pudukudi Village, Tirunelveli District.

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P.B.BALAJI.

, J.

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