Kalaiselvi, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.14186 of 2016 Kalaiselvi ... Petitioner Vs.

1. The District Collector, Villupuram.

2. The Thasildhar, Villupuram.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, forbearing the respondents from making any mutation or change of patta in respect of the property of the petitioner in S.No.349/7-1.28 acres in Sengadu Village under Patta No.764 by considering the petitioner's representation dated 23.03.2016. For Petitioner :

Mr.N.Suresh For Respondents:

Mrs.M.E.Rani Sevlam, Additional Government Pleader

O R D E R

The Writ Petition has been filed seeking to issue a Writ of Mandamus, forbearing the respondents from making any mutation or change of patta in respect of the property of the petitioner in S.No.349/7-1.28 acres in Sengadu Village under Patta No.764, by considering the petitioner's representation, dated 23.03.2016. 2.

The case of the petitioner is that she is the absolute owner of the property in S.No.349/7 having 1.28 acres at Sengadu Village, Villupuram District. Originally, the said property belonged to one Ramachandran's family. They got the property by way of Settlement Deed under Document No.816/1962 dated 19.04.1962. The said Ramachandran was in possession and enjoyment of the property. Thereafter, the said Ramachandran and his son executed a valid sale deed in favour of one Veerappan under Document No.1146/1991 dated 12.08.1991. Then, the said Veerappan and his daughter and son had executed a valid sale deed in favour of the petitioner dated 28.01.2004 under Document No.103/2004 at Sub-Registrar's Office, Valavanur. https://hcservices.ecourts.gov.in/hcservices/

Veerappan's another issue, namely, Nagarajan @ Salima Sha (transgender) had also executed a sale deed in favour of the petitioner on 07.09.2009. Accordingly, patta No.764 for the properties including the property in S.No.349/7 for 0.51.50 hectares was issued to the petitioner. While so, since some land grabbers have indulged in illegal creation of documents in respect of the properties belongs to the petitioner and hence, she gave a representation to the respondents on 23.03.2016 stating that no mutation or change of patta in respect of her properties could be entertained or effected without notice to her. But the said representation was not considered. Hence, the present Writ Petition.

3.

Heard both sides.

4.

Without going into the merits of the matter, this Court directs the respondents to consider the representation of the petitioner dated 23.03.2016 and pass appropriate orders, after affording necessary opportunities to the petitioner as well as to the necessary parties, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this Order.

5.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The District Collector, Villupuram.

2. The Thasildhar, Villupuram.

+1cc to Mr.V.Suresh, Advocate, S.R.No.24380 +1cc to the Government Pleader, S.R.No.24215 W.P.No.14186 of 2016 rk(CO) srg(18/05/2016) https://hcservices.ecourts.gov.in/hcservices/