Petitioners sought a mandamus directing revenue officials to verify the genuineness of a Will claimed by a paternal aunt over family lands and to block registration of related documents. Court held genuineness of a Will can only be decided by the civil court and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.10757 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.10757 of 2023 and
W.M.P(MD)No.11632 of 2023
... Petitioners
Vs
... Respondents
1/5
W.P(MD)No.10757 of 2023
PRAYER:
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to conduct the enquiry to verify genuinity and legally bonafide status of the will executed in favour of Muthu Muniammal by Lakshmiammal and consequently direct the respondents 5 and 6 not to carry out the registration of documents in connection with dry lands in survey No.11 measuring to an extent of 1 acre 61 cents out of 2 acres 39 cents and S.No.7/4 measuring to an extent of 40 cents out of 2 acres 51 cents situated at Kombaipatty Village, Nilakkottai Taluk of Dindigul District on the basis of the petitioner's representation dated 18.04.2023.
For Petitioner : Mr.K.Safar Badhusha For R1 to R4 : Mr.S.Shanmugavel Additional Government Pleader For R5 & R6 : Mr.M.Sarangan Additional Government Pleader
ORDER
This writ petition has been filed for a direction directing the
respondents 1 to 4 to conduct the enquiry to verify genuinity and legally bonafide status of the Will executed in favour of Muthu Muniammal by Lakshmiammal.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
2/5
W.P(MD)No.10757 of 2023
3. The petitioner is disputing the Will executed in favour of
one Muthu Muniammal in respect of the property comprised in S.No.11
to an extent of 1 acre 61 cents out of 2 acres 39 cents and the property comprised in S.No.7/4 to an extent of 40 cents out of 2 acres 51 cents owned by the petitioners grandfather one Muniappan Servai. He got married one Muniammal and gave birth to three children. After the demise of his grandmother, his grandfather married one Lakshmiammal and no issues. While being so, his paternal aunt namely Muthu Muniammal claiming the property as if the Will was executed in her favour and got registered before the registering authority. Therefore, the genuinity of the legality of the Will cannot be enquired by the respondents 1 to 4 herein. It has to be decided before the Civil Court. Therefore, a direction sought for by the petitioner cannot be considered and the writ petition is devoid of merits and it is liable to be dismissed.
4. Accordingly, the writ petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
21.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes am
3/5
W.P(MD)No.10757 of 2023
To
4/5
W.P(MD)No.10757 of 2023
G.K.ILANTHIRAIYAN, J.
am
Order made in W.P(MD)No.10757 of 2023
21.01.2025
5/5
1 issue framed by the court
Whether revenue authorities should be directed to conduct an enquiry into the genuineness of a contested Will over family land.
1 provisions across 1 enactments
N.Pandiyammal
M.Rojamani
The District Collector, Dindigul District
The District Revenue Officer
The Revenue Divisional Officer, Dindigul
The Tahsildar, Nilakkottai Taluk
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
