Karupayi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.3721 of 2025 Karupayi ... Petitioner Vs.
1.The District Collector, Collector Office, Kallakurichi District.
2.Revenue Divisional Officer, Kallakurichi, Kallakurichi District.
3.The Superintendent of Police, Kallakurichi, Kallakurichi District.
4.Elangesan 5.Saroja 6.Sekhar 7.Govindammal 8.Selladurai 9.Shakthi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to conduct enquiry based on the petitioner's application dated 28.10.2024 under Page No.1 of 7
Senior Citizen Act.
For Petitioner : Mr.K.Thenrajan For Respondent 1 & 2 :
Mr.S.J.Mohammed Sathik, Government Advocate For Respondent 3 :
Mr.S.Santhosh, Government Advocate (Crl.side)
O R D E R
The petitioner has filed this petition to direct the second respondent to conduct enquiry based on the petitioner's application dated 28.10.2024 under Senior Citizen Act.
2. Since no adverse order has been passed against the respondents 4 to 9, this writ petition is taken up for final hearing.
3. The case of the petitioner is that she was in possession and enjoyment of the property in old Survey No.477/900 and New Survey No. 638/20, in Puttai Village, Village No.29, Patta No.880 Sankarapuram Taluk, (earlier Villupuram District and now Kallakurchi District) to an extent of 4 cents allotted in her name. The petitioner further put a shed for cattle and raised cow, goat and hen and out of the income of the products arising out of Page No.2 of 7
cattle, she was leading her life without anyone's help. Further, the petitioner have two sons and two daughters. The respondents 4 & 6 are the elder and younger son of the petitioner. On 26.06.2024 , the petitioner had given a complaint to the third respondent, alleging that the sixth respondent had executed a forged sale deed in favour of fifth respondent herein, with respect to two cents of the petitioner's property without any title in document No.3417/2005.
3.1. Subsequently, another sale deed in document No.2194/2018 was executed by fifth respondent in favour of her relative's viz., the respondents 8 and 9. Likewise, the fourth respondent executed a sale deed in favour of his daughter-in-law/7th respondent in document No. 4584/2017. On coming to know that the Petitioner's patta was changed, the petitioner gave a detailed representation dated 28.10.2024 under Senior Citizen Act to the second respondent to take appropriate action against the respondents 4 and 6 and to cancel the sale deeds in Document No.3417/2005, Document No. 2194/2018, Document No. 4584/2017 and to put the petitioner in possession of the subject property. Since, no action was taken by the second respondent. Page No.3 of 7
Hence, the petitioner has come forward with the present writ petition.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the respondent to consider the petitioner's representation dated 28.10.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame stipulated by this Court.
5. Learned Government Advocate appearing for the respondents 1 & 2 submitted that the second respondent has fixed the enquiry on 07.02.2025 and the representation of the petitioner dated 28.10.2024 will be considered by the second respondent on merits and in accordance with law and appropriate orders will be passed.
6. Heard the learned counsel on either side and perused the materials placed on record.
Page No.4 of 7
7. In view of the submission made by the learned counsel on either side, this Court directs the second respondent to consider the petitioner's representation dated 28.10.2024, after conducting a detailed enquiry and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid observation and directions. No costs.
05.02.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, Collector Office, Kallakurichi District.
2.Revenue Divisional Officer, Kallakurichi, Page No.5 of 7
Kallakurichi District.
3.The Superintendent of Police, Kallakurichi, Kallakurichi District.
J.SATHYA NARAYANA PRASAD,J.
vm Page No.6 of 7
05.02.2025 Page No.7 of 7