Naihmath Nisha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.26017 of 2025 and W.M.P(MD)No.20334 of 2025 Naihmath Nisha

...Petitioner

Vs The Tahsildar, Taluk Office, Keelakarai Taluk, Ramanathapuram District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records in respect of rejected order passed by the respondent in patta transfer application No. 2024/0105/27/275343 dated 29.08.2024 and quash the same and consequently to direct the Respondents to issue Patta to the petitioner bearing survey No.405 to an extent of 3 acre 15 cents in Ervadi Village, Keelakarai Taluk, Ramanathapuram District.

For Petitioner : M/s.S.A.Ajmal Khan For Respondents : Mr.B.Saravanan Additional Government Pleader ***** 1/4

ORDER

Rejection order dated 29.08.2024 in response to the petitioner's application for patta is under challenge in this writ petition. 2.By referring to the impugned order, learned counsel for the petitioner submits that such order was issued without noticing that the settlement deed dated 03.05.1995 refers to the registered sale deed bearing document No.1180 of 1967 in favour of the petitioner's father. 3.Learned Additional Government Pleader accepts notice on behalf of the sole respondent. He submits that the impugned order was issued on the basis of the application submitted by the petitioner along with the unregistered settlement deed. Therefore, he submits that the petitioner may either file an appeal before the Revenue Divisional Officer or submit a fresh application on the basis of the registered sale deed bearing document No.1180 of 1967. In response to this submission, learned counsel for the petitioner submits that a fresh application seeking patta in the names of all the legal heirs of Sultan would be submitted before the Tahsildar.

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4.In view of these submissions, this writ petition is disposed of on the following terms:- a)The petitioner is permitted to submit a fresh application for issuance of patta in the names of all the legal heirs of late Sultan including the petitioner herein. If accompanied by documentary evidence that the other legal heirs relinquished/realised their rights in favour of the petitioner, such application may also be filed for issuance of patta solely to the petitioner. Such application shall be submitted within 15 days from the date of receipt of a copy of this order.

b)Upon receipt thereof, the respondent is directed to consider such application and dispose of the same on merits within twelve weeks from the date of receipt thereof after providing a reasonable opportunity to the petitioner and the other legal heirs of late Sultan. No costs. Consequently, connected writ miscellaneous petition is also closed.

22.09.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

SENTHILKUMAR RAMAMOORTHY , J.

RJR To The Tahsildar, Taluk Office, Keelakarai Taluk, Ramanathapuram District.

W.P.(MD)No.26017 of 2025 22.09.2025 4/4