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2025 DAILYLAW 151876 (MAD)

R.VELLAISAMY v. THE TAHSILDAR

WP(MD)/20836/2019 · 2025-06-24

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No.20836 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025 CORAM: THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD) No.20836 of 2019 R.Vellaisamy ... Petitioner Vs. The Thasildar, Kovilpatti Taluka, Thoothukudi District. ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to issue patta in the name of the petitioner's grand children for the property in Survey No.651/2A an extent of 1 acre 83 in southern side, in Survey No.470 of punja land of Valartha Oorani and Survey No.258/1 and extent of 50 cents of Village-nalatinputhur, Kovilpatti Taluka, Thoothukudi District, by considering petitioner's representation dated 05.08.2019 within the period as stipulated by this Court. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.20836 of 2019 For Petitioner : Mr.A.Haja Mohideen For Respondent : Mrs.K.Malathi Additional Government Pleader ORDER The petitioner herein seeks a direction to the respondents to issue patta in the names of the petitioner's grandchildren in respect of the property situated in Survey Nos.651/2A, 470 and 258/1, Nalatinputhur Village, Kovilpatti Taluk, Thoothukudi District, by considering his representation dated 05.08.2019. 2.Heard the arguments of Mr.A.Haja Mohideen, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents. 3.According to the petitioner, his grandchildren, Jayashree and Harma were deserted by their father and they have been in his custody. They filed a suit against their father, Sundar Raman, his brother, Gopal and others in O.S.No.10 of 2007, on the file of Sub Court, Kovilpatti. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.20836 of 2019 In the said suit, a final decree was passed allotting 1/3rd share to the grandchildren of the petitioner. Subsequently, possession of the property was taken through Civil Court in E.P.No. 6 of 2012. Thereafter, the father of his grandchildren died on 19.08.2007. According to the petitioner, his grandchildren are entitled to 2/3rd share in the subject property. He submitted a representation on 05.08.2019 seeking issuance of patta in the names of his grandchildren as they got 2/3rd share in the subject property. The said representation has not been considered. Hence, the petitioner has come before this Court. 4.The learned Additional Government Pleader appearing for the respondent would submit the representation of the petitioner will be considered on its own merits within the time stipulated by this Court accordance with law. 5. In view of the same, without expressing any opinion on the merits of the matter, the respondent is directed to consider the representation of the petitioner dated 05.08.2019 and pass final orders on its own merits, within a period of twelve weeks from the date of receipt _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.20836 of 2019 of a copy of this order, after issuing notice to the petitioner, his grand children Jayashree and Harma and other interested parties. Accordingly, this Writ Petition is disposed of. No costs. 24.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To The Thasildar, Kovilpatti Taluka, Thoothukudi District. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.20836 of 2019 S.SOUNTHAR ,J cp W.P.(MD)No.20836 of 2019 Dated: 24.06.2025 _________ https://www.mhc.tn.gov.in/judis