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Madras High CourtWP(MD)/28959/2025disposed of

V.Syed Mohammed Thaha v. The District Collector

2025-10-15Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.28959 of 2025 V.Syed Mohammed Thaha

...Petitioner

Vs

1. The District Collector, Virudhunagar District

2. The District Revenue Officer, Virudhunagar Taluk, Virudhunagar District.

3. The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Virudhunagar Taluk, Virudhunagar District.

4. The Tahsildar, Thiruchuzhi, Virudhunagar Taluk, Virudhunagar District.

5. The Deputy Tahsildar, Virudhunagar Taluk, Virudhunagar District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to transfer the patta for the petitioner's house site property bearing Old Door No.3/89 New Door No.63 in TS No.51 situates at Virudhunagar Taluk, Virudhunagar district in his name by considering the petitioner's representation dated 11.09.2025 within a time that may be stipulated by this court.

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For Petitioners : M/s.R.Karthika for M/s.Right Law Associates For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

By relying on sale deed dated 11.10.1958 in the name of the petitioner's maternal grandfather and Will dated 12.11.2022, which is said to have come into force on 11.01.2023 upon the death of the petitioner's maternal grandfather, the petitioner had applied for patta transfer. The present writ petition relates thereto.

2.Learned Special Government Pleader accepts notice on behalf of all the respondents. He submits that civil disputes exist between the legal heirs of late Shahul Hameed. Without prejudice, he submits that the petitioner's request would be considered and disposed of on merits after issuing notice to all parties concerned.

3.The legal heirship certificate discloses the names of Hatheeja Beevi, S.Aysha Mariam and S.Syed Mohammad Arafat Ismail as the legal heirs of the deceased Shahul Hameed. It is unclear as to whether the Will dated 12.11.2022 2/5

has been challenged. All these aspects have to be considered while taking a decision on the petitioner's request for patta transfer. This would entail issuing notice to the legal heirs.

4.Subject to the above observations, this writ petition is disposed of by directing the third respondent to consider and dispose of the petitioner's request for patta on merits after issuing notice to all persons mentioned in the earlier paragraph. A speaking order shall be issued within three months from the date of receipt of a copy of this order. No costs. 15.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The District Collector, Virudhunagar District

2. The District Revenue Officer, Virudhunagar Taluk, Virudhunagar District.

3. The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Virudhunagar Taluk, Virudhunagar District.

4. The Tahsildar, Thiruchuzhi, Virudhunagar Taluk, Virudhunagar District.

5. The Deputy Tahsildar, Virudhunagar Taluk, Virudhunagar District.

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SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.28959 of 2025 15.10.2025 5/5