Ranjithammal v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.20884 OF 2021 Ranjithammal ... Petitioner .Vs.
1. The State Rep. By, The District Collector, Chengalpattu, Chengalpattu District.
2. The Tahsildar, Office of the Tahsildar, Cheyyur Taluk, Chengalpattu District.
3. Jayalakshmi Ammal ... Respondents PRAYER:- Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to consider petitioner representation dated 19.08.2021 for cancellation of fake Sale Deed vide Document No.2039/1981 and issue a patta in favour of the petitioner property situated Village Natham Survey No.305/1, total extent of land 20 cent within the time prescribed by this Court. For Petitioner :
Mr.K.Durai Murugan For Respondents :
Mr.V.Veluchamy For R1 and R2 Government Advocate
ORDER
This writ petition has been filed for a mandamus to direct the respondents to consider petitioner's representation dated 19.08.2021 for cancellation of fake Sale Deed vide Document No.2039/1981 and issuance of patta in favour of her property
situated at Village Natham in S.No.305/1 to an extent of land 20 cents within a time frame.
2. The case of the petitioner is that her mother Andal Ammal is the absolute owner of the property at Village Natham in S.No.305/1 to an extent of 20 cents and her father viz., Seetharam had purchased the above 20 cents land from Raji Nayakkar who belongs to Gundumanicherry, Parameswaramangalam Village.
3. The petitioner submits that her father has not sold the above said property to anyone, after demise of her father, her mother Mrs.Andal Ammal and her brother Nanda Gopal were enjoying the property and thereafter her mother as well as her brother also died and she is the only legal heir for the above said property and enjoying the possession till date.
4. The petitioner further submits that one Mr.Aandi Nayakar from Parameswaramangalam Village informed that her mother along with her brother Nanda Gopal executed a Sale Deed in favour of Jayalakshmi Ammal vide Document No.2039/1981.
5. According to the petitioner, her brother Nanda Gopal is illiterate and he does not know how to put his signature.
6. The petitioner submits that Jayalakshmi along with her husband have falsely fabricated the Sale Deed for her property and both of them have signed themselves as her brother and mother.
7. The petitioner further submits that she gave a representation on 19.08.2021 to the respondents for cancellation of fake Sale Deed vide Document No.2039/1981 and issuance of patta in her favour, but the respondents failed to consider her representation.
8. The petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence, the writ petition filed.
9. Heard, learned counsel for the petitioner and learned Government Advocate for the respondents 1 and 2 and perused the materials available on record.
10. In view of the above and considering the submission made by the petitioner and without expressing any opinion on merits, this Court is of the view that the Official respondents shall consider the representation dated 19.08.2021 sent by the petitioner and pass appropriate orders in accordance with law after affording an opportunity of hearing to the parties
concerned, within a period of twelve weeks from the date of receipt of a copy of this order.
11. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pam To 1.
The District Collector, Chengalpattu, Chengalpattu District.
2.
The Tahsildar, Office of the Tahsildar, Cheyyur Taluk, Chengalpattu District.
W.P.NO.20884 OF 2021 AD(CO) PBS/09/11/2021