Mrs.K.Selvi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12179 of 2015 And M.P.No.1 of 2015 Mrs.K.Selvi
...Petitioner
Vs.
1. The District Collector, Collector office compound, Salem - 636 001.
2. The Revenue Divisional Officer, Revenue Division office, Collectorate office compound, Salem - 636 001.
3. The Thasildhar, Thasildhar Office, Vazhapadi, Salem District.
4.Mrs.Saraswathi 5.Mr.D.Arumugasamy 6.Mr.M.K.Senthilkumar 7.Mr.M.C.Kandaraji 8.Mrs.K.Meera 9.Mr.C.Subramaniam 10.Mrs.S.Subhasree 11.Mr.M.Ravi 12.Mr.M.Kadirvel 13.Mr.R.Anbhazhagan 14.Mr.V.Ravishankar 15.Mr.B.Lazar
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to recall and cancel the pattas standing in the name of the 4th to 15th respondents based on the petitioner's representation dated 01.04.2015 and consequently direct the respondents 1 to 3 to grant patta in the name of the real owners.
For Petitioner :
Mr.M.Vijay Anand for M/s.Sree Sun Associates For Respondents :
Mr.R.Vijayakumar for R1 to R3 Additional Government Pleader
O R D E R
By consent the writ petition is taken up for final disposal. 2.The petitioner herein on an earlier occasion approached this Court by filing W.P.No.32645 of 2014 praying for issuance of Writ of mandamus directing the official respondents to cancel the forged legal heirship certificate bearing no.Na.Mu.5577/2005/A-1 dated 19.06.2006 issued to the fourth respondent and consequently direct them to issue legal heirship certificate of the deceased, R.Shanmugasundaram in favour of the petitioner based on her representation dated 13.11.2014 and this Court vide order dated 27.02.2015, has disposed of the writ petition making it clear that the legal heirship certificate issued in the name of the fourth respondent dated 19.06.
2006 cannot be used by the fourth respondent for any purpose to establish the fact that she is the sole legal heir to late Shanmugasundaram and also observed that the Civil Court while considering the civil suits which are pending or if any fresh proceedings are initiated shall decide the matter independently, based on the oral and documentary evidence without being in any manner influenced by the observations made by the Revenue Officials. 3.The petitioner subsequently submitted a representation dated 01.04.
2015 to the official respondents stating that taking advantage of the said legal heirship certificate, the fourth respondent managed to create bogus sale deeds, based on which the concerned persons have also got patta and prayed for cancellation of the patta and since she has not been favoured with any response, came forward to file this writ petition.
4.Heard the submissions of Mr.M.Vijay Anand, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional
Government Pleader appearing for the respondents 1 to 3. 5.This Court without going into the merits of the representation submitted by the petitioner, directs the second respondent to consider and dispose of the petitioner's representation dated 01.04.2015 after putting the respondents 4 to 15 on notice and pass orders in accordance with law, as expeditiously as possible and not later than twelve weeks from the date of receipt of a copy of this order.
6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pri To
1. The District Collector, Collector office compound, Salem - 636 001.
2. The Revenue Divisional Officer, Revenue Division office, Collectorate office compound, Salem - 636 001.
3. The Thasildhar, Thasildhar Office, Vazhapadi, Salem District.
2 CCs to M/s.Sree Sun Associates, Advocate SR.No.22444 1 CC to the Government Pleader, SR.No. 22949 W.P.No.12179 of 2015 And M.P.No.1 of 2015 MSM (CO) PSI (06.05.2015)