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2025 Supreme(Mad) 4649
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SOUNTHAR, J.
Thirmalaivelu - Appellant
Versus
The Revenue Divisional Officer, Kumbakonam - Respondent
W.P(MD)No.13577 of 2025
Decided on : 02-06-2025
Advocate Appeared:
For the Appellant : Mr.R.Murali
For the Respondents: M/s.K.Malathi, Addl.Govt. Pleader
Entitlement to patta on ancestral property requires proper classification and review by competent authority, guided by due procedural compliance.
Headnote:(A) Writ Petition - Direction sought for issuance of patta - Petitioner claims entitlement based on ancestral property and registered Will dated 26.03.2019 - Property classified as Sarkar Manai in Natham Nilavari Thittam - Representation made to first respondent not considered - Court orders representation to be forwarded to Commissioner of Land Administration for consideration on merits. (Paras 2-4)
(B) Ancestral Property - Classification of property and its implications for entitlement to issuance of patta - Authority responsible for determination in disputed classifications. (Para 3)
Facts of the case:
The Petitioner claims ancestral property bequeathed by father under a registered Will, addressing wrongful classification as ''kept pending'' and seeking issuance of patta through representation made on 7.11.2023.
Findings of Court:
The first respondent must forward the Petitioner’s representation to the Commissioner of Land Administration for review based on merits.
Issues: Whether the classification of property affects the Petitioner’s entitlement for a patta and the appropriate authority for consideration of the representation.
Ratio Decidendi: The Court held that the representation should be appropriately directed to the competent authority for fair assessment of merits, ensuring adherence to procedural compliance.
Result: Writ Petition disposed of with directions.
| Table of Content |
|---|
| 1. petitioner's claim on ancestral property. (Para 1 , 2) |
| 2. respondent's classification of property. (Para 3) |
| 3. court's directive for representation forwarding. (Para 4) |
| 4. conclusion and disposal of petition. (Para 5) |
ORDER :
The Petitioner herein seeks a direction to the respondents to issue patta in favour of the Petitioner in respect of the property situate in T.S.No.174, Block No.10, Ward AV Kottapattu, Trichy East Taluk,Trichy.
2. According to the Petitioner, the subject property is the ancestral property of his father and the same was bequeathed in his favour by his father under registered Will, dated 26.03.2019. It is further stated that the subject property was wrongly classified as ‘’kept pending’’ in Natham Nilavari Thittam. Therefore the Petitioner submitted a representation on 7.11.2023 before the first respondent seeking issuance of exclusive patta in his favour based on the documents submitted by him. Since the same was not considered, the Petitioner is before this Court by filing the present Writ Petition.
3. M/s.K.Malathi, learned Additional Government Pleader who takes notice for the respondents submit that in Natham Nilavari Thitttam, the subject property has been classified as Sarkar Manai. Therefore the representation of the Petitioner cannot be considered by the first respondent and the competent authority is the Commissioner of Land Administration,Chennai.
4. In view of the same, the first respondent is directed to forward the representation of the Petitioner, dated 7.11.2023 to the Commissioner of Land Administration within a period of two weeks from the date of receipt of a copy of this order.The said authority shall consider the abovesaid representation of the Petitioner forwarded to him, on its own merits within a further period of 12 weeks from the date of receipt of the representation from the first respondent.
5. With the above directions, the Writ Petition stands disposed of. No costs.
