Rajammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6442 of 2025 Rajammal ... Petitioner Vs.

1.The District Collector, Dharmapuri District.

2.The District Revenue Officer, Collectorate Campus, Dharmapuri District.

3.The Revenue Divisional Officer, Harur, Dharmapuri District.

4.The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

5.Manimegalai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant patta in favor of the petitioner for the land in Survey No.79/1, to the extent of 2.57 acres, located at 1/4

Gobichettipalayam Village, Pappireddipatti Taluk, Dharmapuri District, within a time frame fixed by this Court.

For Petitioner : Mr.J.Pradeep For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R4

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to grant patta in the name of the petitioner with respect to the subject property.

2.Heard Mr.J.Pradeep, learned counsel appearing on behalf of the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of respondents 1 to 4.

3.The petitioner is claiming right and title over the subject property by virtue of a registered Sale Deed dated 18.06.1979 executed in favour of the husband of the petitioner. Thereafter, patta was also granted in the name of the petitioner after the petitioner's husband passed away, in Patta No.171. One other person having the 2/4

same name executed a Sale Deed in favour of the 5th respondent. The same resulted in a police complaint and registration of an FIR. When the accused person filed an anticipatory bail petition, an undertaking was given to cancel the fraudulent Sale Deed and accordingly, the Cancellation Deed was executed and registered as Document No.3361 of 2021. A suit was filed by the 5th respondent seeking for the relief of declaration and permanent injunctions and after the execution of the Cancellation Deed, this suit was also withdrawn on 08.09.2023. 4.It is under these circumstances, the petitioner approached the respondents seeking for restoration of patta in her name. Since the same was not considered, the present writ petition has been filed before this Court. 5.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 4th respondent Tahsildar to act upon the representation made by the petitioner on 03.11.2022 and to restore the patta in the name of the petitioner by passing appropriate orders, within a period of four weeks from the date of receipt of copy of this order.

N. ANAND VENKATESH, J.

ssr 6.In the result, this writ petition stands allowed with the above directions. No Costs.

26.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The District Collector, Dharmapuri District.

2.The District Revenue Officer, Collectorate Campus, Dharmapuri District.

3.The Revenue Divisional Officer, Harur, Dharmapuri District.

4.The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

W.P.No.6442 of 2025 4/4