P.Anitha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 30.4.2015.

CORAM

THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN, J.

W.P.Nos.13686 and 13687 of 2015 W.P.No.13686 of 2015 P.Anitha Petitioner vs.

1 The District Collector Tiruvallur District Tiruvallur 2 The Commissioner Tiruttani Municipality Tiruttani Tiruvallur District 3 The Tahsildar, Tiruttani Taluk Tiruvallur District 4 P.Sumathi 5 Pushparaj 6 Soori 7 Indirasena 8 Ravi 9 Sangeetha 10 M.R.Shanmugam Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing respondents 1 to 3 from granting any planning permission/approval for the construction of any buildings in the plot No.44 bearing S.No.94/1A Agoor Group Amirthapuram Village Tirutani Taluk by considering the petitioner's representation dated 30.03.2015 and 13.04.2015.

W.P.No.13687 of 2015 P.Anitha Petitioner vs.

1 The Inspector General of Registration 100 Santhome High Road Chennai - 600 028 2 The District Registrar 54 Nellukara Kara Street Kanchipuram Kanchipuram District 3 The Sub Registrar Tirutani Kanchipuram District 4 P.Sumathi 5 Pushparaj 6 Indirasena 7 Ravi 8 Sangeetha 9 M.R.Shanmugam Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to conduct an enquiry on the representation dated 20.03.2015 submitted by the petitioner to cancel the registration of the fraudulent documents relating to plot No.44 bearing S.No.94/1A Agoor Group Amirthapuram Village Tiruttani Taluk.

For Petitioner : Mr.N.Manokaran For Respondent R1 to R3 : Mr.S.Pattabiram, Government Advocate COMMON ORDER By consent, the writ petitions are taken up for final disposal.

2. The petitioner and her family members claim to be owners of the plot bearing Plot No.44 by virtue of a registered settlement deed dated 25.3.1987, registered as document No.634 of 1987 on the file of the Sub Registrar, Tirutani, Kancheepuram District and by taking advantage of two fraudulent sale deeds, respondents 4 to 10 created further sale deeds to grab the property without any valid title. Further, respondents 4 to 10 managed to approach respondents 1 to 3 for plan approval and on coming to know of the same, the petitioner raised objections to the authorities, but, however, the

fourth respondent, being the Councillor and her husband the fifth respondent influenced and gave political pressure and in this regard, the petitioner submitted various representations to the authorities concerned and inspite of that no action has been taken. Therefore, the petitioner has come forward to file these writ petitions.

3. Considering the limited relief sought for in these writ petitions, this Court, without going into the merits of the claim projected by the petitioner, directs respondents 1 and 2 in W.P.No.13686 of 2015 to consider and dispose of the petitioner's representations dated 30.3.2015 and 13.4.2015 on merits and in accordance with law after putting on notice respondents 4 to 10 and pass orders within a period of three months from the date of receipt of copy of this order and communicate the decision to the petitioner and directs the second respondent in W.P.No.13687 of 2015 to consider and dispose of the petitioner's representation dated 20.3.2015 on merits and in accordance with law after putting on notice respondents 4 to 9 and pass orders within a period of three months from the date of receipt of copy of this order and communicate the decision to the petitioner. Both the writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To 1 The District Collector Tiruvallur District Tiruvallur 2 The Commissioner Tiruttani Municipality Tiruttani Tiruvallur District.

3 The Tahsildar, Tiruttani Taluk Tiruvallur District 4 The Inspector General of Registration 100 Santhome High Road Chennai - 600 028

5 The District Registrar 54 Nellukara Kara Street Kanchipuram Kanchipuram District 6 The Sub Registrar Tirutani Kanchipuram District.

2 cc to Mr. N.Manokaran,Advocate, SR.No.24673 & 24674 1 cc to Government Pleader,Sr.No24813 W.P.Nos.13686 & 13687 of 2015 ku(co) pmk.2.5.2015