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Perumayi v. The Tahsildar

Madras HC26 Mar 2026WP(MD)/8230/2026

Case brief

AI extract

What is this about?

Separate patta; writ of mandamus; Article 226; joint undertaking affidavit; partition between mother-in-law and daughter-in-law; succession to registered settlement holder; Tahsildar Usilampatti; Zonal Deputy Tahsildar; Survey No. 213/3A3 Pothampatti Village Nalluthevanpatti; 10 cents; eight-week timeline; disposal without costs; Madurai Bench; S.Srimathy J.; WP(MD) 8230 of 2026.

What did the court decide?

Conditional directions: petitioner and third respondent to file a joint undertaking affidavit before the Tahsildar declaring an existing partition (10 cents each) and identifying the respective portions; respondents 1 and 2 to then consider and issue separate patta to the petitioner's portion within eight weeks of receipt of a copy of the order; no order as to costs. ¶24

Perumayi Vs The Tahsildar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 and 2 to consider the petitioner's application No.2026/0103/24/010938 dated 04.03.2026 and consequently issue separate patta in favour of the petitioner for 10 cents out of Survey No. 213/3A3, Pothampatti Village, Nalluthevanpatti. +1 more

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Court's answer

On such joint undertaking, the official respondents shall consider and issue separate patta to the petitioner's portion, completing the exercise within eight weeks from the date of receipt of a copy of the order.

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Ratio / Principle

The petitioner and the third respondent shall submit a joint undertaking affidavit to the Tahsildar stating that they have already partitioned the property, that the petitioner is entitled to 10 cents and the third respondent is entitled to 10 cents, and indicating which portion belongs to whom.

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (MADURAI BENCH) - S.Srimathy, J. - WP(MD) No. 8230 of 2026 - decided 26-03-2026 - Writ of mandamus under Article 226 / separate patta. Perumayi sought a direction to the Tahsildar and Zonal Deputy Tahsildar, Usilampatti Taluk, Madurai District, to consider her application No.2026/0103/24/010938 dated 04.03.2026 and issue separate patta for 10 cents out of Survey No. 213/3A3, Pothampatti Village, Nalluthevanpatti. The property (20 cents out of 48 cents) was settled by Aathan on the petitioner's son Sekar by registered settlement dated 22.02.2018 (Document No.739 of 2018); Sekar died on 10/09/2020, leaving the petitioner and his widow, the third respondent Dhanalakshmi, who the petitioner says are in joint possession. The Government Advocate submitted there was no partition deed. Disposing of the petition, the Court directed the petitioner and the third respondent to submit a joint undertaking affidavit to the Tahsildar stating they have already partitioned the property (10 cents each) and indicating which portion belongs to whom; on such undertaking the official respondents were to consider and issue separate patta to the petitioner's portion within eight weeks of receipt of a copy of the order. No order as to costs.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26-03-2026 CORAM

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THE HONOURABLE MRS JUSTICE S.SRIMATHY

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WP(MD) NO. 8230 of 2026

Perumayi

Petitioner(s)

The Tahsildar Usilampatti Taluk Madurai District.

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The Zonal Deputy Tahsildar Usilampatti Taluk Madurai District.

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Dhanalakshmi

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Respondent(s)

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For Petitioner(s): Mr.P.Praveenkumar For Respondent(s): Mr.A.Oliraja, Government Advocate for R1 and R2 Prayer:

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Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS directing the respondents 1 and 2 to consider the petitioners application in No.2026/0103/24/010938 dated 04.03.2026 and consequently issue separate patta in favour of the petitioner in respect of the property comprised in Survey No. 213/3A3, Pothampatti Village, Nalluthevanpatti, Usilampatti Taluk Madurai District, measuring an extent of 10 cents out of 20 cents, within a time frame fixed by this Court.

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to

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direct the respondents 1 and 2 to consider the petitioner's application in No.

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2026/0103/24/010938 dated 04.03.2026 and consequently issue separate patta in

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

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favour of the petitioner in respect of the property comprised in Survey No. 213/3A3, Pothampatti Village, Nalluthevanpatti, Usilampatti Taluk Madurai District, measuring an extent of 10 cents out of 20 cents, within a time frame fixed by this Court.

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2.The contention of the petitioner is that the property in survey No. 213/3A3 to an 20 cents out of 48 cents was originally owned by one Aathan, who executed a registered settlement dated 22.02.2018 in Document No.739 of 2018 in favour of the petitioner's son namely, Sekar. Thereafter, the said Sekar was in possession and enjoyment of the property. Unfortunately, the petitioner's son Sekar died on 10/09/2020, leaving the petitioner and the third respondent / daughter-in-law. The petitioner claims that after the demise of the son, both the petitioner and the third respondent are in joint possession and enjoyment of the property.

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3.Further, the petitioner submitted that due to old age and medical conditions, she needs fund. Hence, she is intended to sell the property. In order to sell the property, the petitioner seeks separate patta.

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4.The learned Government Advocate appearing for the official respondents submitted that there is no partition deed, hence, the petitioner cannot seek joint patta. The said submission is recorded. Therefore, the petitioner and the third respondent shall

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

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submit a joint undertaking affidavit to the Tahsildar stating that they have already partitioned the property and the petitioner is entitled to 10 cents and the third respondent is entitled to 10 cents. The joint undertaking affidavit shall also indicate which portion belongs to whom. On such undertaking, the official respondents shall consider and issue separate patta to the petitioner's portion. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

26-03-2026

Tmg