K.Saroja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Mrs.K.Saroja W/o.Kumaran Represented by her authorised Power Agent Mr.K.Pattabiraman ... Petitioner Vs 1.The District Collector Chennai District Collectorate 4th Floor, M.Singaravelavar Maaligai No.62, Rajaji Salai Chennai - 600 001 2.The Thasildhar Sholinganallur Taluk Sholinganallur, Chennai 3.M/s.V.G.P. Housing Private Limited Regd Office at VGP Square No.6 Dharmaraja Koil Street Saidapet, Chennai - 600 015 Represented by its Managing Director 4.Mrs.K.Saroja ... Respondents Page 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to cancel the Patta No.8443 dated 21.04.2023 issued by the 2nd respondent in the name of the 3rd respondent for lands comprised in S. No.75/1 measuring 85 cents and S. No.72 measuring 24 cents totalling 1 Acre 06 cents, situated at No.14, Injambakkam Village, Sholinganallur Village, Chengalpet Taluk. For Petitioner : Ms.E.Ezhil Caroline For Respondents : Mr.P.Sathish, Addl. Govt. Pleader for R1 & R2 Mr.S.Karthik for Mr.Arun C.Mohan for R3

O R D E R

The petitioner seeks a direction to cancel the patta granted in favour of the third respondent.

2. It is the grievance of the writ petitioner that by creating a false document, a sale deed has been executed in favour of the third respondent and patta was also issued on the basis of the sale deed. In this regard, he has already Page 2/4

filed a suit in O.S. No.106 of 2024 which is pending on the file of Principal District Judge, Chengalpet. Hence seeks a direction.

3. At the outset, this court is of the view that, as the very suit itself is filed for declaration to declare the sale deed executed in favour of the third respondent as null and void, till such suit is decided in favour of the petitioner, the revenue officials cannot be directed to go into the title and decide the patta. Hence the petitioner is directed to work out his remedy in the civil court. In the event, he succeeds in the civil court, thereafter, the revenue officials shall issue patta to the petitioner on the basis of the decree of the civil court.

4. With the above direction, the writ petition is disposed of. No costs. 27.06.2024 Index : Yes / No : Yes / No Asr To 1.The District Collector Chennai District Collectorate 4th Floor, M.Singaravelavar Maaligai No.62, Rajaji Salai Chennai - 600 001 Page 3/4

N.SATHISH KUMAR , J.

Asr 2.The Thasildhar Sholinganallur Taluk Sholinganallur, Chennai 3.The Government Pleader High Court, Madras 27.06.2024 Page 4/4