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Madras High CourtWP/940/2025allowed

E.Jayalakshmi v. The District Collector

2025-01-20Honourable Ms. Justice P.T. Asha5 pages

In the High Court of Judicature at Madras Dated : 20.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.940 of 2025 & WMP.No.1137 of 2025 E.Jayalakshmi

...Petitioner

Vs 1.The District Collector, Chengalpet.

2.The District Revenue Officer, Chengalpet.

3.The Revenue Divisional Officer, Tambaram.

4.The Settlement Officer, Pallavaram, Chengalpet District.

5.Kamala 6.G.Revathy

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 27.5.2024 in Na.Ka.No. 14673/2023/A4 of the second respondent, quash the same and consequently direct respondents 1 to 4 herein to cancel the patta No. 2024/0153/35/003843TR in the name of the sixth respondent and restore the patta in the name of the petitioner in respect of 15 cents in 1/5

survey No.204/7B, Pallavaram Village, Tambaram Taluk, Kancheepuram District.

For Petitioner :

Mrs.A.L.Gandhimathi, SC for Mr.L.Palani Muthu For R1 to R4 :

Mr.A.Selvendran, SGP

ORDER

The petitioner has filed this writ petition seeking to quash the order passed by the second respondent and to consequently direct respondents 1 to 4 to cancel the patta standing in the name of the sixth respondent and to restore it in the name of the petitioner with reference to the property measuring 15 cents in survey No.204/7B, Pallavaram Village, Tambaram Taluk, Kancheepuram District.

2. Heard the learned Senior Counsel appearing on behalf of the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 4.

3. The case of the petitioner is as follows : (i) The petitioner is the absolute owner of the property measuring 0.09 cents in S.No.204/7B, Pallavaram Village, Tambaram Taluk, Kanchipuram District. She purchased it vide sale deed dated 14.11.2003 registered as doc.No.3770 of 2003 on the file of the Sub2/5

Registrar, Pallavaram. The subject property forms part of a total extent of 25 cents. An extent of 4 cents was acquired by the Government and later, the petitioner's vendor - one Mrs.N.Leelavathi was left with only 21 cents. The petitioner purchased the subject property from the said Mrs.N.Leelavathi through her power agent. The patta also stood in the name of the said Mrs.N.Leelavathi, who is the daughter and legal representative of one Mrs.Saraswathi, in whose name, the original owner - one Mrs.Chinnammal settled the property.

4. After its purchase, the petitioner got the revenue records transferred in her name and the patta was also issued in her name. All of a sudden, the patta issued to the petitioner stood cancelled and the entire extent of 21 cents stood transferred in the name of the said Mrs.Chinnammal. Thereafter, certain documents were created in respect of the entire property in the names of various third parties and by reason of the dispute between respondents 5 and 6, the second respondent directed to restore the patta in the name of the original owner vide proceedings dated 27.5.2024. This proceeding has been issued behind the back of the petitioner. Thus aggrieved, the petitioner is before this Court.

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5. A perusal of the impugned order would clearly demonstrate that the petitioner, in whose name, the patta stood, had not been called for an inquiry and without notice to her, the impugned order has been passed by the second respondent.

6. Therefore, without traversing into the merits of the case and without ordering notice to respondents 5 and 6, who have obtained patta behind the back of the petitioner, the writ petition is allowed, the impugned order is set aside and the matter is remanded to the second respondent for a fresh consideration with reference to the request of the petitioner for the cancellation of the patta, which was restored in the name of the said Mrs.Chinnammal. The second respondent shall issue notice to both the petitioner as well as respondents 5 and 6, hear them, given them a personal hearing and thereafter pass a considered order within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.

20.1.2025 RS 4/5

P.T.ASHA,J RS To 1.The District Collector, Chengalpet.

2.The District Revenue Officer, Chengalpet.

3.The Revenue Divisional Officer, Tambaram.

4.The Settlement Officer, Pallavaram, Chengalpet District.

W.P.No.940 of 2025 & WMP.No.1137 of 2025 20.1.2025 5/5