Meenakshi Sundaram v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.13276 of 2025 Meenakshi Sundaram ... Petitioner Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Tahsildar, Peravurani Taluk, Thanjavur District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in petitioner's online Application No.2025/0105/21/246969 dated 21.04.2025 which is liable to be quashed and consequently directing the second respondent herein to change the patta in his name by accepting
the death and legal heir certificate of petitioner's vendor and pass appropriate orders by considering the petitioner's explanation/ representation dated 24.05.2025 within a time stipulated by this Court. For Petitioner : Mr.B.Anandan For Respondents : Mr.A.Baskaran Additonal Government Pleader
ORDER
This writ petition is filed challenging the order passed by the second respondent rejecting the application submitted by the petitioner for patta transfer on the ground that the death certificate and legal heirship certificate of one Marimuthu were not produced along with the application.
2.The petitioner purchased the subject property from the legal heirs of one Veeman's son, Marimuthu. The petitioner submitted an application for transfer of patta based on the sale deed date 05.02.2025. The said application was rejected by the second respondent on
21.04.2025 on the ground that the petitioner failed to produce the death certificate and legal heirship certificate of Marimuthu. 3.The learned counsel for the petitioner would submit that the legal heirship certificate and death certificate of Marimuthu were annexed with the sale deed in favour of the petitioner and the second respondent, without perusing the same properly, rejected the application of the petitioner.
4.The learned Additional Government Pleader appearing for the respondents would submit that the petitioner failed to upload the death certificate and legal heirship certificate of Marimuthu along with application. Therefore, his request for patta transfer was rejected. 5.A perusal of the typed set of papers would indicate that the death certificate and legal heirship certificate of the deceased Marimuthu were annexed with the sale deed executed in favour of the petitioner by legal heirs of Marimuthu. It is not the case of the respondents that the sale deed was not produced before the official respondents. When the
legal heirship certificate and death certificate of Marimuthu are part of the sale deed produced before the respondents, the reasoning given by the respondent for rejecting the application submitted by the petitioner cannot be sustained. Accordingly, the impugned order dated 21.04.2025 is set aside and the matter is remitted back to the file of the second respondent with a direction to consider the sale deed submitted by the petitioner along with the legal heirship certificate and death certificate of Marimuthu and pass final orders on its own merits within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp
To 1.The District Collector, Thanjavur District, Thanjavur.
2.The Tahsildar, Peravurani Taluk, Thanjavur District.
S.SOUNTHAR ,J cp W.P.(MD)No.17410 of 2025 Dated: 27.06.2025