G.Soundhari v. The District Collector Cum-

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.08.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2397 of 2011 and M.P.No. 1 of 2011 G.Soundhari ...Petitioner Vs.

1.The District Collector cum-Inspector of Panchayats, Collectorate, Vellore District.

2. The Director, Town and Country Planning, Anna Salai, Chennai - 2.

3. The Commissioner, Land Administration, Chepauk, Chennai - 5.

4. The Village Panchayat President, No. 101, Kizhandurai Village, Arakonam Taluk.

5. Mr.V.Anandan

...Respondents

Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to consider the petitioner representation dated 19.01.2011.

For Petitioner : Mr.R.Karunagaran For Respondents : Mrs.K.Bhuvaneswari Additional Government Pleader

O R D E R

The petitioner filed this Writ Petition praying to issue a writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 19.01.2011.

2. The petitioner has entered into a sale agreement with one S.Ravarani and a sum of Rs.5,000/- was received by one S.Ravarani, one S.Venu and one Sampathu Pillai as sale consideration from the petitioner on 07.12.1982. The properties were also delivered to the petitioner and they agreed to receive the balance sale consideration at the time of execution of the sale deed in favour of the petitioner. The original patta book was also handed over to the petitioner. Subsequently, sum of Rs.5,000/-, Rs.1,000/- and Rs.5,000/- were received from the petitioner by one Ramesh, one Narasimman and one Sanjeevirayan. The petitioner is always ready and willing to pay the balance sale consideration of Rs.3,400/-. At this juncture, the petitioner came to know that the fifth respondent and one S.

Ravarani and her legal heirs have fabricated a sham and nominal sale deed dated 29.09.2010 in Doc.No.8305 of 2010 at the office of the SRO, Arakkonam. Therefore, the petitioner filed a Suit in O.S.No 252 of 2010 on the file of the District Munsif Court, Arakonam seeking for specific performance and also for a declaration to set aside the illegal sale deed dated 29.09.2010. Whileso, the fifth respondent is trying to change the name of the Patta in his name and also trying to get the land scheduled as housing plot by mutation of revenue records. Pending the suit, the petitioner made a representation dated 19.01.2011 before the respondents 1 to 4 herein requesting them not to grant conversion of the land from agricultural lands to plots and for lay outing the same.

Aggrieved by the inaction of the respondents, the petitioner has filed the present Writ Petition.

3. The learned counsel appearing for the petitioner would submit that the petitioner may be permitted to make a fresh application after disposal of the suit.

4. In view of the submissions of the learned counsel appearing for the petitioner, liberty is granted to the petitioner to make a fresh petition for speedy disposal of the suit in OS.No.252 of 2010.

5. Accordingly, the present writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kmm To 1.The District Collector cum-Inspector of Panchayats, Collectorate, Vellore District.

2. The Director, Town and Country Planning, Anna Salai, Chennai - 2.

3. The Commissioner, Land Administration, Chepauk, Chennai - 5.

4. The Village Panchayat President, No. 101, Kizhandurai Village, Arakonam Taluk.

+1cc to the Government Pleader Sr.72722 +1cc to Mr.R.R.Karunakaran, Advocate Sr.72182 W.P.No.2397 of 2011 and M.P.No. 1 of 2011 rgn[co] srg 18/10/2019