M.Duraisamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Duraisamy ... Petitioner Vs.
1.The District Collector, 2.The Revenue Divisional Officer, Revenue Divisional Office, Musiri, Trichy District.
3.The Tahsildhar, Musiri Taluk, 4.Vadivel 5.Dhanalakshmi ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to issue joint patta for the Survey No.410/13C with an extent of 0.9.00 Ares situated at Peramangalam Village, Musiri Taluk, Trichy District,
including all the legal heirs of the petitioner's father deceased Murugesan based on the petitioner's representation dated 25.03.2025 within a stipulated time fixed by this Court.
For Petitioner : Mr.N.Prabhu For R1 to R3 : Mr.D.S.Nedunchezian Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents 1 to 3 to issue joint patta for the property situated in Survey No.410/13C, with an extent of 0.9.00 Ares, at Peramangalam Village, Musiri Taluk, Trichy District, by including all the legal heirs of the petitioner's deceased father Murugesan, by considering his representation dated 25.03.2025. 2.Heard the arguments of Mr.N.Prabhu, learned counsel appearing for the petitioner and Mr.D.S.Nedunchezian, learned Government Advocate appearing for the respondents 1 to 3. Since no adverse order is passed against the respondents 4 and 5, notice to them is dispensed with.
3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, the subject property belonged to his father, Murugesan ancestrally and he died on 22.05.2021. The respondents 4 and 5 are the children born to the petitioner's father, Murugesan, through is first wife Sevugathi. The petitioner and one Suseela are the children born to Murugesan through his second wife. The legal heirship status of the petitioner and others has already been declared by the Civil Court in O.S.No.268 of 2022 on the file of the learned District Munsif, Thuraiyur. In the meantime, the respondents 4 and 5 obtained patta for the subject property in their names excluding the petitioner and Suseela. Therefore, the petitioner submitted a representation before the respondents on 25.03.2025 seeking issuance of joint patta in the names of all the legal heirs of deceased Murugesan, including the petitioner. The same has not been considered. Hence, the petitioner has come before this Court.
5.The learned Government Advocate appearing for the respondents 1 to 3 would submit that the representation of the petitioner will be considered in accordance with law.
6.In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the petitioner dated 25.03.2025 and pass final orders on its own merits, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, respondents 4 and 5 and other interested parties. No costs. 16.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, 2.The Revenue Divisional Officer, Revenue Divisional Office, Musiri, Trichy District.
3.The Tahsildhar, Musiri Taluk,
S.SOUNTHAR ,J cp W.P.(MD)No.19170 of 2025 Dated: 16.07.2025