Madras High CourtWP/11128/2024disposed of

Dhanalakshmi v. The District Collector

2024-06-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Dhanalakshmi .. Petitioner Vs 1.The District Collector Office of Collectorate Dharmapuri District 2.The Tahsildar Pennagaram Taluk Dharmapuri District 3.Pethi 4.Murugesan 5.Vanitha 6.Tamilarasu .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to hold enquiry in the fraudulent the fake patta in the name of Kullammal W/o.Palanivel bearing Patta No.429 dated 15/11/2019 on the file of the Tahsildar, Pennagaram, the same may be cancelled and restore the land to the petitioner Dhanalakshmi 1/4

D/o.Madaiyan by considering the representation of the petitioner dated 20.02.2023.

For Petitioner : Mr.R.Sankarasubbu For R1 & R2 : Mr.P.Sathish Additional Government Pleader For R3 to R6 : No appearance

O R D E R

This writ petition has been filed for a direction to hold enquiry on the fraudulent patta No.429 dated 15/11/2019 issued by the 2nd respondent in the name of Kullammal W/o.Palanivel and the same may be cancelled and restore the land to the petitioner, by disposing of her representation dated 20.02.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2 and perused the materials placed on record.

3. According to the petitioner, she is residing in the hut in plot No.5, survey No.393, admeasuring 5 cents, which was allotted to the petitioner's father Madaiyan by the Special Tahsildar, Adi Dravidar Welfare Department, during the year 1981. Since Madaiyan misplaced the patta, the Special 2/4

Tahsildar issued another patta, only in respect of 3 cents. Madaiyan died on 11.09.2018. While so, the 4th respondent executed a forged Sale Deed in favour of the 6th respondent, to an extent of 12 cents, including Madaiyan's land. Therefore, the petitioner submitted a representation dated 20.02.2023 to the 1st respondent to cancel the fake patta No.429 issued by the 2nd respondent and restore the land to her. Since no action has been taken by the 1st respondent on the said representation, the petitioner has filed the present writ petition.

4. In such view of the matter, let the 1st respondent consider the petitioner's representation dated 20.02.2023 and pass orders on its own merits and in accordance with law, after affording opportunity to the person in whose name the patta stands now, within a period of two months from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs. 26.06.2024 gya Index : Yes/No 3/4

N.SATHISH KUMAR, J.

gya To 1.The District Collector Office of Collectorate Dharmapuri District 2.The Tahsildar Pennagaram Taluk Dharmapuri District 26.06.2024 4/4