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Lakshmiyammal v. Jothi

Madras HC18 Jul 2025WA(MD)/1960/2025

Case brief

AI extract

What is this about?

W.A.(MD)No.1960 of 2025, Madras High Court Madurai Bench, G.R. Swaminathan and K. Rajasekar JJ., 18.07.2025 — writ appeal allowed on sole ground of non-impleadment of all legal heirs of deceased settlor Kumar Thevar (six children through appellant Lakshmiammal); challenge to Maintenance Tribunal cancellation of settlement deed; single Judge's order dated 19.11.2024 set aside; matter remanded to single Judge holding roster; no finding on merits; no costs; connected C.M.P.(MD)No.11233 of 2025 closed.

What did the court decide?

Order of the learned single Judge dated 19.11.2024 set aside; matter remitted to the file of the learned single Judge holding the roster; no costs; connected miscellaneous petition (C.M.P.(MD)No.11233 of 2025) closed; merits left open. ¶29

Lakshmiyammal Vs Jothi — Madras HC (2025) — LawSathi Research

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1 W.A.(MD)NO.1960 OF 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HON'BLE MR.JUSTICE K.RAJASEKAR

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W.A.(MD)No.1960 of 2025 AND C.M.P.(MD)No.11233 of 2025

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Lakshmiyammal ... Appellant/4^th Respondent

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Vs.

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Jothi ... 1^st Respondent / Writ petitioner

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The Revenue Divisional Officer, Usilampatti Taluk, Madurai District.

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The Tahsildar, Peraiyur Taluk, Madurai District.

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Kumara Thevar (died) ... Respondents 2 to 4/Respondents 1 to 3

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the impugned order in W.P.(MD)No.20062 of 2022 dated 19.11.2024 on the file of this Court and allow the writ appeal.

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For Appellant : Mr.A.S.Krishnan For R-1 : Mr.A.Joseph Jerry For R-2&R-3 : Mr.A.Kannan, Additional Government Pleader. * * *

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1/4

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https://www.mhc.tn.gov.in/judis

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2 W.A.(MD)NO.1960 OF 2025

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J U D G M E N T

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(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

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Heard both sides.

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Kumar Thevar, husband of the appellant settled the petition-mentioned property in favour of Jothi born through the second wife and Eswari who is the daughter of Jothi. Later at the instance of Kumar Thevar, the Maintenance Tribunal cancelled the settlement deed. Challenging the cancellation order of the Maintenance Tribunal, Eswari and Jothi filed W.P.(MD)8831 of 2022. The learned single Judge vide order dated 19.11.2024 allowed the writ petition and quashed the order impugned therein. Aggrieved by the same, Lakshmiammal filed this writ appeal.

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Lakshmiammal did not enter appearance before the learned single Judge. During the pendency of the writ proceedings, Kumar Thevar passed away. It is true that Lakshmiammal is the wife of Kumar Thevar. But then, through Lakshmiammal as many as six children were born. Therefore, the writ petitioners ought to have impleaded all the legal heirs of Kumar Thevar. They did not do so.

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2/4

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https://www.mhc.tn.gov.in/judis

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3 W.A.(MD)NO.1960 OF 2025

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Therefore, on this sole ground, the order passed by the learned single

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Judge is set aside. The matter is remitted to the file of the learned single Judge holding the roster. This writ appeal is allowed accordingly. We make it clear that we have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 18^th July 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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To:

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