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Madras High CourtWP(MD)/16159/2025disposed of

R.Vinothini v. The Executive Officer

2025-06-17Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN R.Vinothini ... Petitioner Vs The Executive Officer, Manachanallur Special Grade Panchayat, Manachanallur, Trichy District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records of the respondent's Impugned communication in Na.Ka.No.300/2021, A1 dated 13.05.2025 and quash the same as devoid of merits and consequently, direct the respondent to effect mutation of the Property Tax Assessment No.3272 in the petitioner's name for the house property in Door No.23, North Kamarajar Colony, Manachanallur Village, Manachanallur Taluk, Trichy District. 1/5

For petitioner : Mr. A. Haja Mohideen For respondent :Mr.A.Oliraja Government Advocate *****

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and learned Government Advocate for the respondent.

2. It is the case of the petitioner that the petition's maternal aunt Late.V.Tamilselvi, died without any legal heirs on 10.10.2024 and that she had executed an unregistered Will on 01.02.2025, bequeathing the property, situated at Door No.23, North Kamarajar Colony, Manachanallur Village, Manachanallur Taluk, Trichy District, in favour of the petitioner and therefore, the petitioner approached the respondent for mutation of Property Tax Assessment in her name. However, the respondent has rejected the same calling upon the petitioner to furnished the following documents:

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1. Copy of Property Tax Receipt for the property, which is to be name changed;

2. Copy of Legalheirship Certificate;

3. Copy of registered Will.

3. A reading of the impugned communication indicates that the requirement of the registration of will is not mandatory. Therefore, the same cannot be put against the petitioner. However, it is for the petitioner to produce necessary documents to ensure that there are no other legal heir of the petitioner's aunt Late.V.Tamilselvi by producing necessary Legalheirship Certificate for giving proper effect to the aforesaid Will, dated 01.02.2023.

4. Thereafter, the respondent is directed to consider the same and pass appropriate orders as expeditiously as possible to mutate the revenue records in favour of the petitioner.

5. This Writ Petition stands disposed of, with the above observations. No costs.

Index : Yes / No 17.06.2025 Internet : Yes / No apd 3/5

To The Executive Officer, Manachanallur Special Grade Panchayat, Manachanallur, Trichy District.

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C.SARAVANAN, J.

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