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2026 Supreme(Online)(Mad) 31907

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


DATED: 12.03.2026


CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY


1.Vellaiyammal

2.Vallaiyammal

3. Sellammal ... Petitioners


Vs.


1. The Revenue Divisional Officer, Dindigul, Dindigul District.

2. The Tahsildar Vedasandur Taluk Office, Vedasandur, Dindigul District.

3. Dhanapackiyam ... Respondents


PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents herein to remove the name of the 3rd respondent herein from the Patta No.8254 and issue the Joint Patta on the name of Petitioners herein along with Chinnu and Chinnan with regard to property in Survey No.247 to an extent of 8 acre 95 cents situated at Ayyalur Village, Vedasandur Taluk, Dindigul District based on the petitioners representation dated 10.02.2026.


12.03.2026


(1/2)Index : Yes / No Internet : Yes NCC : Yes / No msrm


To

1. The Revenue Divisional Officer, Dindigul, Dindigul District.

2. The Tahsildar Vedasandur Taluk Office, Vedasandur, Dindigul District.

3. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai


S.SRIMATHY, J


msrm Order made in


12.03.2026


(1/2)

For Petitioners : Mr.G.Gomathisankar

For Respondents : Mr.SRA.Ramachandran Additional Government Pleader (R1 & R2)

O R D E R

This petition has been filed seeking to direct the respondents 1 and 2 to remove the name of the 3rd respondent herein from the Patta No.8254 and issue the Joint Patta on the name of Petitioners herein along with Chinnu and Chinnan with regard to property in Survey No.247 to an extent of 8 acre 95 cents situated at Ayyalur Village, Vedasandur Taluk, Dindigul District based on the petitioners representation dated 10.02.2026.

2. The learned counsel for the petitioners submitted that the petitioners, along with other co-owners, are entitled to the property by virtue of their inherited rights. It was further stated that a portion of the land had been sold to the third respondent, who subsequently obtained an individual patta in her name. The petitioners apprehend that the issuance of a patta in an individual name may adversely affect the joint possession of the co-owners, and therefore seek cancellation of the said patta.

3. The learned Additional Government Pleader appearing for respondents 1 and 2 submitted that the petitioner himself has accepted the sale, and therefore, the patta issued in the name of the third respondent cannot be cancelled.

4. After hearing the rival submissions, this Court is of the considered opinion that the third respondent is not entitled to an individual patta, but only to a joint patta in the names of the petitioners and other co-owners, as the property has not been subdivided and no partition has taken place. Therefore, the second respondent is directed to issue notice to the petitioners, co-owners, and the third respondent, conduct an enquiry, and thereafter issue only a joint patta. It is made clear that individual patta may be granted only upon lawful partition of the property by competent civil Court decide.

5. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is allowed. No costs.

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