Maruthamuthu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.8562 of 2026 Maruthamuthu ...

Petitioner Vs.

1. The Tahsildar, Thuraiyur Taluk, Tiruchirappalli District.

2. Saravanan ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent to consider the petitioner's online application dated 02.01.2026 and his representation dated 20.02.2026 and consequently transfer the patta in the petitioner's name in respect of the properties situated in Survey Nos.277/4, 277/7 and 277/6 at Kombaipudur Village, Keerambur Post, Thuraiyur Taluk and Tiruchirappalli District within a time frame to be fixed by this Court.

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For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.D.Gandhiraj Special Government Pleader (For R1)

O R D E R

This Writ Petition has been filed to direct the 1st respondent to consider the petitioner's online application dated 02.01.2026 and also representation dated 20.02.2026 and consequently transfer the patta in the petitioner's name in respect of the properties situated in Survey Nos.277/4, 277/7 and 277/6 at Kombaipudur Village, Keerambur Post, Thuraiyur Taluk and Tiruchirappalli District, within a stipulated period.

2. The learned counsel appearing for the petitioner submitted that the petitioner has two sons, namely Murugesan and Saravanan (the second respondent herein). Further, the petitioner had executed a registered settlement deed dated 24.06.2005 in Document No. 2540 of 2005, settling certain portions of the aforementioned properties in favor of his sons. The settlement deed was executed with the condition that the petitioner would be taken care of by the 2/6

second respondent and another son, Murugesan. However, this condition was not complied with by them. As a result, the petitioner canceled the settlement deed through a registered cancellation deed on 22.06.2006 in Document No. 2434 of 2006. Aggrieved by this, the second respondent initiated a suit in O.S. No. 227 of 2006 before the District Munsif Court, Thuraiyur, seeking a permanent injunction restraining the petitioner, his son Murugesan, and his wife Vijaya from interfering with his possession. The said suit was dismissed for default on 10.12.2012. Thereafter, the suit was not restored. After a long lapse of time, the second respondent instituted another suit in O.S. No. 171 of 2019 before the District Munsif Court, Thuraiyur, seeking a permanent injunction and that he not be evicted except under due process of law.

Aggrieved by this, the petitioner, along with his son Murugesan and his wife Vijaya, filed CRP (MD) No. 2119 of 2021 before this Court, seeking to strike off the plaint in O.S. No. 171 of 2019, and the same was ordered on 01.07.2025. Now, the petitioner is in possession and enjoyment of the property and seeks to have his online application considered.

3. Heard the learned Special Government Pleader appearing for the 1st respondent.

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4. Considering the facts and circumstances of the case, this Court directs the 1st respondent to consider the petitioner's online application after issuing notice to the petitioner as well as the second respondent and another son Murugesan and Vijaya W/o.Murugesan The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

5. With these directions, this Writ Petition is disposed of. No costs. 30.03.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm 4/6

To

1. The Tahsildar, Thuraiyur Taluk, Tiruchirappalli District.

2. The Special Government Pleader, Madurai Bench of Madras High Court, Madurai 5/6

S.SRIMATHY, J msrm Order made in 30.03.2026 6/6