M.Vijaya v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Vijaya ...

Petitioner Vs The Tahsildar, Kadaladi Taluk Office, Kadaladi, Ramanathapuram District.

...

Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondent to transfer the Natham Patta into the name of the petitioner in respect of the land comprised in Natham Survey No.440/11 of an extent of 0.0.97 Ares (1043 Sq.feet) situated at Karungulam Village, Kadaladi Taluk, Ramanathapuram District, by considering the petitioner's representation, dated 10.10.2024.

For Petitioner :

Mr.C.Gangai Amaran For Respondent : Mrs.K.Malathi, Addl. Govt. Pleader.

ORDER

The petitioner herein seeks a direction to the respondent to transfer Patta in her name in respect of the Natham land, situated in Survey No.440/11, with an extent of 0.0.97 Ares (1043 Sq.feet), at Karungulam Village, Kadaladi Taluk, Ramanathapuram District, by considering her representation, dated 10.10.2024.

2. According to the petitioner, the subject property originally belonged to her father's grandfather - Muniyandi. He had two sons by name Karuppanan and Sundarraj. The petitioner is the daughter of Sundarraj. The subject property has been in effective possession of the petitioner's father - Sundarraj for quite long time. Based on his long possession, the petitioner submitted a representation, seeking issuance of patta in her name. The same has not been considered. Hence, she has come before this Court.

3. Additional Government Pleader, who takes notice for the respondents, would submit that the subject property stands in the name of the petitioner's paternal uncle Karuppanan in Patta No.104 and, due to the pendency of a civil suit, the request of the petitioner has not been considered. Even in the affidavit filed in support of the petition, it is stated by the petitioner that she filed a suit for partition in O.S.No.239 of 2024 on the file of Sub-Court, Mudukulathur, in respect of the subject property.

4. When the patta for the subject property stands in the name of petitioner's grandfather Karuppanan and a civil suit for partition is pending pertaining to the subject property, the petitioner is not entitled to seek mutation of revenue records, without getting her share ascertained in the civil suit. Therefore, this Court is not inclined to issue any direction.

5. Accordingly, the Writ Petition stands dismissed. No costs. 04.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

The Tahsildar, Kadaladi Taluk Office, Kadaladi, Ramanathapuram District.

S.SOUNTHAR, J.

dixit 04.07.2025