W.P.(MD)No.22641 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025 CORAM: THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD)No.22641 of 2022 and W.M.P.(MD).No.16802 of 2022 M.Balamurugan ... Petitioner /Vs./ 1. The Revenue Divisional Officer, Sivagangai Division, Sivagangai District. 2. The Tahsildar, Manamadurai Taluk, Manamadurai, Sivagangai District. 3. Shyamsundar ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in T.R.No.2021/23/12/000077SD dated 21.12.2021 and quash the same as illegal and consequently directing the first respondent to issue joint patta including the name of the petitioner in respect of property in Survey No.271/4B and 276, Patta No.1000 in Nainarkovil Village, Paramakudi Taluk, Ramanathapuram District. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22641 of 2022 For Petitioner : Mr.SP.Vijay Nivas For Respondent Nos.1 & 2 : Mr.B.Saravanan Additional Government Pleader For Respondent No.3 : Mr.R.P.Ravichandran ORDER This writ petition has been filed challenging the impugned order of the second resopndent dated 21.12.2021, mutating the patta in the name of the third respondent. 2. I heard, the learned Counsel for the writ petitoner and learned Additional Government Pleader and perused the records including the impugned order. 3. Admittedly, the subject property originally belonged to one Mukkiah, who died on 11.12.2018, leaving behind his wife Amirtham, sons namely Munusamy and Balamurugan and daughters Nagavalli, Katturani, Panjavarnam and mother Pakkiyam. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22641 of 2022 4. It is seen that the third respondent has purchased the shares of four of the legal heirs alone, under registered sale deed, based on which, he made an application for mutation of patta in his name and without issuing notice to the remaining legal heirs, including the petitioner, the Tahsildar has proceeded to issue separate patta in the name of the third respondent. The legal heir ship certificate for Mukkiah has also produced along with the typed set of papers, which evidences the fact that the writ petitioner is the son of Mukkiah. He has admittedly joined the execution of sale deed in favour of the third resondent. The sale deed is only in respect of 2/3rd of the propety. Therefore, if at all the Tahsildar mutates revenue records, it should have been joinlty in the name of the third respondent, the petitioner and Katturani who also did not join the execution of sale deed in favour of the third respondent. 5. Further, the said impugned order was passed without any notice to the petitioner. Therefore, the impugned order is liable to be set aside and the matter is remitted to the second respondent for fresh consideration on the third respondent's application for issuance of patta, who shall, after hearing the petitioner as well as the third respondent, 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22641 of 2022 pass final orders regarding mutation of patta, pursuant to the death of Mukkiah, as well as the sale in favour of the third respondent effected by four of the legal heirs of Mukkiah. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above said directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 20.02.2025 NCC : Yes / No gvn 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22641 of 2022 TO:- 1. The Revenue Divisional Officer, Sivagangai Division, Sivagangai District. 2. The Tahsildar, Manamadurai Taluk, Manamadurai, Sivagangai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22641 of 2022 P.B. BALAJI , J. gvn Order made in W.P.(MD)No.22641 of 2022 Dated: 20.02.2025 6/6 https://www.mhc.tn.gov.in/judis