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V.Menaka v. Government of Union Territory of Puducherry

Madras HC4 Apr 2025WP/12182/2025

Case brief

AI extract

What is this about?

Madras HC (N. Anand Venkatesh, J., 04.04.2025, W.P.No.12182 of 2025): mandamus directing Tahsildar, Oulugret Taluk, Puducherry to decide joint patta application dated 10.03.2025 within six weeks; 2006 registered sale deeds (Docs. 6440/2006, 6441/2006) cannot be disregarded by 2017 family arrangement unless challenged; Article 226; patta; land grabbing; Puducherry.

What did the court decide?

Direction to the second respondent to deal with the petitioners' joint patta application dated 10.03.2025 and pass orders within six weeks from receipt of a copy of the order, keeping in mind that the 2006 registered sale deeds cannot be disregarded by the subsequent 2017 family arrangement unless challenged in the manner known to law, and acting upon the title deed and possession documents relied upon by the petitioners. ¶34

V.Menaka Vs Government of Union Territory of… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the second respondent (Tahsildar) should be directed, by writ of mandamus, to issue patta to the petitioners in respect of the subject property (Cadaster No.1803, R.S.No.280/13, Thattanchavadi Village, Oulugaret Taluk, Puducherry) based on their joint application dated 10.03.2025. +1 more

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Court's answer

There shall be a direction to the second respondent to deal with the joint application submitted by the petitioners on 10.03.2025 and pass orders within a period of six weeks from the date of receipt of a copy of the order.

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Ratio / Principle

The registered sale deeds of the year 2006 through which the petitioners claim cannot be disregarded through a family arrangement that took place subsequently in the year 2017, unless those sale deeds are put to challenge in the manner known to law.

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Key takeaways

The second respondent shall act upon the title deed and the documents relied upon by the petitioners to establish possession over the property and pass appropriate orders.ratio¶33

Detailed headnote1 paragraphs

Mandamus for issuance of patta – Petitioners purchased subject property (Cadaster No.1803, R.S.No.280/13, Thattanchavadi Village, Oulugaret Taluk, Puducherry) by registered sale deeds dated 11.10.2006 (Document Nos.6440/2006 and 6441/2006); tax assessment and electricity connection stand in their names and the building houses three tenanted shops. Third respondent claimed rights via a family arrangement of 2017 and attempted trespass, prompting an application to the Land Grabbing Cell. Petitioners' joint patta application dated 10.03.2025 lay unacted upon because third respondent's W.P.6451 of 2025 was pending; that petition was dismissed as withdrawn on 27.03.2025. Held: the Tahsildar (second respondent) must dispose of the joint application within six weeks, acting on the title deed and possession documents relied on by the petitioners; valid registered sale deeds of 2006 cannot be disregarded by a later 2017 family arrangement unless the sale deeds are challenged in the manner known to law. Writ petition disposed of with the above direction; no costs.

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W.P.No.12182 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.04.2025

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CORAM

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THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH

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W.P.No.12182 of 2025

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1.V.Menaka

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2.V.Kausika

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... Petitioners

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1.Government of Union Territory of Puducherry Represented by its Chief Secretary Coubert Avenue, Puducherry - 605 001.

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2.The Tahsildar Oulugret Taluk E.C.Road, Puducherry - 605 008.

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3.B.Mahalakshmi Boudha ... Respondents

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Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the second respondent to issue patta to the petitioners in respect of the respective property in Cadaster No.1803, R.S.No.280/13, Thattanchavadi Village, Oulugaret Taluk, Puducherry, on the basis of our application dated 10.03.2025, within the time frame fixed by this Court.

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

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W.P.No.12182 of 2025

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For Petitioners : Ms.Gopika Nambiar For Respondents : Mr.A.Tamilvannan Additional Government Pleader [R1 & R2]

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ORDER

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This writ petition has been filed for issue of Writ of Mandamus directing the

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second respondent to issue patta in the name of the petitioners with respect to the subject property, based on the application submitted by the petitioners on 10.03.2025.

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Heard Ms.Gopika Nambiar, learned counsel appearing for petitioners and Mr.A.Tamilvanan, Additional Government Pleader for respondents 1 and 2.

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The case of the petitioners is that the first and second petitioner purchased the subject property through a registered sale deed dated 11.10.2006, registered as Document Nos.6440/2006 and 6441/2006 respectively. Thereafter, the property tax assessment was also transferred in the name of the petitioners and electricity connection also stands in their name. The building was converted into three shops and it was let out to the tenants. The third respondent made an attempt to 2/6

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

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W.P.No.12182 of 2025

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tresspass into the property, as a result of which, an application was submitted by the petitioner before the Land Grabbing Cell.

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The third respondent was claiming right over the property based on a family arrangement of the year 2017. The specific contention of the petitioners is that such family arrangement came to be executed by the third respondent only to grab the property belonging to the petitioners, whereas the petitioners were the owners of the said property as early as in the year 2006 itself.

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The petitioner submitted a joint application seeking for patta before the second respondent on 10.03.2025. The said application was not acted upon since W.P.6451 of 2025 filed by the third respondent was pending before this Court. However, it is brought to the notice of this Court that the said writ petition was dismissed as withdrawn on 27.03.2025. It is under these circumstances, the present writ petition came to be filed before this Court.

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Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the second

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

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W.P.No.12182 of 2025

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respondent to deal with the joint application submitted by the petitioners on 10.03.2025, and pass orders within a period of six weeks from the date of receipt of a copy of this order. It is made clear that the petitioners are claiming their right through the registered sale deeds of the year 2006. Therefore, these sale deeds cannot be disregarded through a family arrangement that had taken place subsequently in the year 2017, unless those sale deeds are put to challenge in the manner known to law. Therefore, the second respondent shall keep that in mind and act upon the title deed and also the documents that have been relied upon by the petitioners to establish possession over the property and pass appropriate orders.

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