Madras High CourtWP(MD)/13600/2021disposed of

Thangavel v. The District Collector

2021-08-06Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.13600 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.13600 of 2021 Thangavel ... Petitioner versus 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Pugalur Taluk, Pugalur, Karur District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the second respondent to include the petitioner's name in New Patta No.7409, 646 Old Patta Nos.375 and 646 of Nedungoor Village, Pugalur Taluk, Karur District.

For Petitioner : Mr.I.Velpradeep For Respondents : Mr.R.Baskaran

ORDER

The petitioner seeks the inclusion of his name in new patta Nos.7409 and 646 pertaining to properties in Nedungoor Village, Pagalur Taluk, Karur District.

2. The petitioner states that he is the son-in-law of Rengasamy Gounder. His wife, Sivakami, is one of the legal heirs of Rengasamy Gounder. As the legal heir of Rengasamy Gounder, the petitioner claims that his wife was entitled to a share of her father's property. He further states that his wife died on 22.05.1987 leaving behind the petitioner as her sole legal heir. As a result, the petitioner claims that he is entitled to a share in the properties mentioned above.

3. Therefore, he submitted a representation dated 19.04.2021 to the Thasildar and requested that his name should be included in the patta. On account of such request not being acted upon, the present writ petition is filed.

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W.P(MD)No.13600 of 2021

4. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of both the respondents.

5. Upon perusal of the pattas included in the typed set of papers it is evident that none of the three pattas contain the name of the petitioner's late wife, Sivakami. As such, on the basis of these documents, a mandamus cannot be issued to direct the Thasildar to include the petitioner's name.

6. Therefore, W.P.(MD).No.13600 of 2021 is disposed of by leaving it open to the petitioner to submit a fresh representation by enclosing relevant documents indicating that his wife has a share in the aforesaid properties. There shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Pugalur Taluk, Pugalur, Karur District.

+1 CC to M/s.I.VELPRADEEP, Advocate ( SR-25692[F] dated 09/08/2021 ) +1 CC to M/s.GP ( SR-25636[F] dated 09/08/2021 ) W.P(MD)No.13600 of 2021 06.08.2021 CN(16.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2