Madras High Court
K.Dharaniperumal vs The Tashildar on 21 September, 2021
W.P.No.20104 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM:
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN
W.P.No. 20104 of 2021
K.Dharaniperumal ... Petitioner
Vs.
1. The Tashildar,
Atur Taluk,
Salem District.
2. The Special Tahsildar,
Urban Land Tax Scheme,
Athur Town,
Salem District - 636 102.
3. The Revenue Divisional Officer,
Atur Salem District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the 2nd respondent to
consider the representation dated 27.08.2019 and pass orders within a
time frame to be stipulated by this Court to issue Patta to the petitioner in
respect of the properties in Athur Survey Nos.517/10, 517/10 and 502/1
Page No.1 of 8
https://www.mhc.tn.gov.in/judis/
W.P.No.20104 of 2021
in 1976 which was changed town VAO to Attur T.S.No.86, Ward-D,
Block No.26, S.No.510/7, Door Nos.95, 96, 97, 98, 99 & 99-A as well as
T.S.No.80E, Ward No.D, Block No.45, Door No.406, situated in Old
Survey No.505/4 Part & 5 Part.
For Petitioner : Mr.W.M.Abdul Majeed
For Respondents : Mr.V.Veluchamy
Government Advocate.
ORDER
This writ petition has been filed for issuance of Writ of Mandamus,
directing the 2nd respondent to consider the petitioner's representation
dated 27.08.2019 and pass orders within a time frame to be stipulated by
this Court to issue Patta to the petitioner in respect of the properties in
Athur Survey Nos.517/10, 517/10 and 502/1 in 1976 which was changed
town VAO to Attur T.S.No.86, Ward-D, Block No.26, S.No.510/7, Door
Nos.95, 96, 97, 98, 99 & 99-A as well as T.S.No.80E, Ward No.D, Block
No.45, Door No.406, situated in Old Survey No.505/4 Part & 5 Part.
https://www.mhc.tn.gov.in/judis/
W.P.No.20104 of 2021
2. According to the petitioner, the petitioner's great grandfather
namely Perumal Chettiar, was the owner of the aforesaid properties and
was in possession and enjoyment of the same till his life time. He was
executed a registered Will dated 03.12.1976 as Document No.39 of 1976,
on the file of Sub Registrar Office, Attur. Thereafter, he died on
16.07.1979 and subsequently, the said Will came into existence.
Following the same, the aforesaid properties shown as Schedule-A
thereunder, in the Will dated 03.12.1976 left behind by Perumal Chettiyar
have been bequeathed in favour of the male descendants of his first son,
Shanmugam Chettiar begotten through the said Shanmugan Chettiar's
first wife, Ambujam Ammal. As per the Will, the sons of Shanmugam
Chetttiar and Ambujam Ammal would have only limited life interest of
enjoyment alone and the grand sons of Shanmugam Chettiar aforesaid
male descendant begotten through Ambujam Ammal alone will have full
interest to deal with the property. The petitioner's grandfather and his
first wife Ambujam Ammal have five children out of their wedlock
among which Murugesan and Kumaravel, the petitioner's father are the
male descendants. The above said Murugaesan, the first son of
https://www.mhc.tn.gov.in/judis/
W.P.No.20104 of 2021
Shanmugam and Ambujam Ammal has not left behind any male
descendants, whereas, the petitioner is the only male descendant and the
grand son of P.Shanmugam and as such is entitled to succeed to the
Schedule A properties of the Will of Perumal Chettiar dated 03.12.1976.
While that being so, some portion of the other properties under Schedule
A of the Will dated 03.12.1976, were sought to be acquired by the
Government under the Land acquisition proceedings, a reference were
made under Section 30 of the Land Acquisition Act in L.A.O.P. No.2 of
1986 before the learned Additional Subordinate Judge, Salem, by
judgment and decree dated 31.10.1995 in favour of the petitioner ie. to
hold that the absolute right under the above Will was available only to
the grand sons of Shanmugam Chettiar, his first wife, Ambujam Ammal
and as such, the petitioner is alone, as the grand son of Shanmugam
Chettiar is entitled to get all the benefits.
3. The petitioner submits that on verification of the Revenue
Records, he came to know that including patta, chitta etc., pertaining to
the above said properties left behind by Perumal Chettiar under the Will
https://www.mhc.tn.gov.in/judis/
W.P.No.20104 of 2021
have been mutated in favour his son Shanmugam Chettiar, who has not
given any interest in the properties. Therefore, it became just and
necessary to seek for the mutation of the patta and Revenue Records in
favour of the petitioner. Therefore, he sent various representations on
various dates to the respondents, one such representation dated 5.06.2016
to the first respondent and the second respondent vide notice dated
14.06.2016 called the petitioner for enquiry on 28.07.2016 and the
petitioner appeared on 28.07.2016 for enquiry and he submitted an
application dated 27.07.2016 to the second respondent requesting him to
permit him to avail the assistance of an advocate during the course of
enquiry,and the same was adjourned to 10.08.2016. Since 10.08.2016
was declared as a local holiday, an enquiry was re-scheduled to be held
on 21.09.2016.
4. The petitioner further submits that on 21.09.2016, he along with
his father namely S.Kumaravel, had appeared for enquiry before the
second respondent on 21.09.2016 and gave their statement. Thereafter,
nothing was heard from the respondents about and the petitioner sent a
https://www.mhc.tn.gov.in/judis/
W.P.No.20104 of 2021
representation dated 27.08.2019 as a reminder in this regard and the same
has not been considered by the second respondent and no order has been
passed till date. Hence, the petitioners have no other alternative remedy
except to approach this Court under Article 226 of the Constitution of
India. Hence, this petition.
5. The learned counsel appearing for the petitioner submitted that
the petitioner will be satisfied if a direction is issued to the 1st
respondent to consider the petitioner's representation dated 27.08.2019
and dispose of the same within a stipulated time that may be framed by
this Court.
6. Having regard to the limited scope of the prayer that is now
sought for in this writ petition before this Court and taking into account
the submissions made on either side, without expressing any opinion on
the merits of the petitioner's representation or the case pleaded by the
petitioner in the present writ petition, the Writ Petition is disposed of,
with a direction to the 2nd respondent to consider the petitioner's
https://www.mhc.tn.gov.in/judis/
W.P.No.20104 of 2021
representation dated 27.08.2019 and pass appropriate orders, on merits
and in accordance with law, after affording an opportunity of personal
hearing to the petitioner within a period of six months from the date of
receipt of a copy of this order. No costs.
21.09.2021
Index: Yes/No
Internet: Yes/No
To
1. The Tashildar,
Atur Taluk,
Salem District.
2. The Special Tahsildar,
Urban Land Tax Scheme,
Athur Town,
Salem District - 636 102.
3. The Revenue Divisional Officer,
Atur Salem District.
https://www.mhc.tn.gov.in/judis/
W.P.No.20104 of 2021
V.BHAVANI SUBBAROYAN, J.
msm
W.P.No.20104 of 2021
21.09.2021
https://www.mhc.tn.gov.in/judis/
