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2025 Supreme(Online)(Mad) 49159

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
S.Rasathi – Appellant
Versus
The District Collector, Madurai District, Madurai – Respondent
W.P.(MD)No.19406 of 2025 | W.M.P.(MD)No.14924 of 2025



Advocates:
For the Appellants/Petitioners: M/s.G.Subiksha for Mr.B.Anandan
For the Respondents: Mrs.K.Malathi Additional Government Pleader

Legal heirs must submit adequate proof for property entitlements, as the validity of documents is crucial in property disputes.

Headnote:(A) Constitution of India - Article 226 - Writ of Certiorarified Mandamus - Challenging the rejection of patta issuance - The petitioner claimed a rectified property deed for correction of survey number; the application was dismissed by authorities on grounds of heirship and incorrect documentation. (Paras 1, 3, 4, 6)

(B) Heirship - The petitioner contended to be the sole legal heir of her husband, prompting the need for a fresh application to establish rightful claims to property, which should be duly considered. (Paras 6)

Facts of the case:
The subject property originally belonged to the petitioner's father-in-law, with subsequent transitions through her husband to her following his death, leading to disputes over documentation.

Findings of Court:
The petitioner is directed to file a fresh application with supporting evidence regarding her legal heirship for consideration by officials within a prescribed timeframe.

Issues: The key issue was whether the petitioner could be recognized as the sole legal heir based on executed deeds against the contested property ownership.

Ratio Decidendi: The court reasoned that proper documentation establishing legal heirship needs to be presented for granting of patta, emphasizing adherence to procedural correctness and the preservation of legal rights.

Result: Writ Petition disposed of with directions.

Table of Content
1. challenge to property documentation (Para 1 , 3)
2. legal heirship validation required for property claims (Para 4 , 6)

ORDER

The Writ Petition is filed challenging the order passed by the second respondent dated 16.06.2025 rejecting the application submitted by the petitioner seeking issuance of patta in respect of the property situated in Survey No.589/25.

2. Heard the arguments of M/s.G.Subiksha, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the subject property originally belonged to the petitioner's father-in-law Periya Karuppan. After the death of Periya Karuppan, the petitioner's husband Sundaramoorthy as sole legal heir of Periya Karuppan enjoyed the property and got patta in Patta No.654. However, in the said patta, survey number was wrongly mentioned as 589/22 instead of 589/25. The petitioner's husband Sundaramoorthy executed a settlement deed in favour of the petitioner on 09.02.2009 settling the subject property. In the settlement deed also, survey number was wrongly mentioned as 589/22 instead of 589/25. Subsequently, the petitioner's husband Sundaramoorthy died on 09.10.2018. After his death, it came to the knowledge of the petitioner that in the settlement deed, survey number was wrongly mentioned. Therefore, in her capacity as sole legal heir of Sundaramoorthy, the petitioner executed a rectification deed in her favour in Document No. 1218/2025 on the file of the Sub Registrar, Peraiyur on 17.03.2025. On the basis of the said rectification deed, application was submitted before the second respondent by the petitioner seeking issuance of patta in respect of correction of Survey No.589/22 and the same was dismissed by the second respondent on the ground that rectification deed executed by the petitioner in her favour cannot be considered.

4. It is the case of the petitioner that she is the sole legal heir of her husband Sundaramoorthy. In that case, as per the settlement deed executed by her husband Sundaramoorthy, the petitioner is entitled to succeed to the estate of Sundaramoorthy. Therefore, the rejection order passed by the second respondent cannot be sustained.

5. The learned Additional Government Pleader appearing for the respondents, on written instructions, would submit that revenue document of the subject property stands in the name of the petitioner's father-in-law Periya Karuppan and he has got three sons including the petitioner's husband Sundaramoorthy. Therefore, the petitioner will not get the entire property in that event.

6. However, in the affidavit filed in support of the writ petition, the petitioner asserted that her husband Sundaramoorthy was the sole legal heir of her father-in-law Periya Karuppan. In view of the same, the petitioner is directed to file fresh application before the second respondent with supporting document to establish that her husband Sundaramoorthy was the sole legal heir of Periya Karuppan and the petitioner is the sole legal heir of her husband Sundaramoorthy. If any such fresh application is filed with supporting document to establish the above mentioned facts, the same shall be considered by the second respondent in accordance with law and final orders shall be passed within a period of twelve (12) weeks from such application, after affording reasonable opportunity to the petitioner and other interested parties.

7. With the above direction, this Writ Petition stands disposed of.

Consequently, connected Miscellaneous Petition is closed. No costs.

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