Selvi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2017

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.41635 of 2016 Selvi ...

Petitioner

Versus

1.The District Collector, O/o.The Collectorate Dharmapuri District.

2.The District Revenue Officer, Collector Office, Dharmapuri District.

3.The Tasildhar Dharmapuri Taluk Dharmapuri District.

4.Kannan ... Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 14.09.2016 to cancel the patta made in revenue records in favour of the 4th respondent and issue patta in favour of petitioner in respect of 0.48 cents comprised in S.No.987/3A, Adhiyaman Kottai Village, Dharmapuri District. For Petitioner : Mr.V.Sakkarapani For Respondents 1-3 : Mr.A.N.Thambidurai Special Government Pleader For 4th Respondent : Mr.S.Vijayakumar

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner would state that she purchased a land admeasuring Acre 0.98 cents in S.No.987/3A by way of registered sale deed in Doc.No.1228/1993, registered on the file of the Sub Registrar, West Dharmapuri. Thereafter, the petitioner sold Acres 0.50 cents out of Acre 0.98 Acres to one Lakshmi. The petitioner is in absolute possession of the remaining Acres 0.48 cents. The petitioner would further state that the fourth respondent along with some others disturbed her peaceful possession and therefore, the petitioner had filed a suit in O.S.No.21 of 2000, on the file of the Court of District Munsif, Dharmapuri. To counter the same, the fourth respondent had also filed a suit in O.S.No.227 of 2000, wherein the suit in O.S.No.21 of 2000 was decreed in favour of the petitioner and the suit filed by the respondent in O.S.No.

227/2000 was dismissed by the Trial Court. Whileso, the fourth respondent had executed a forged sale deed vide Document No.1665 of 2007 on the file of the Sub Registrar, West Dharmapuri. The petitioner, being the absolute owner of the above said property, had sent representation dated 14.09.2016, to the respondents 1 to 3 seeking to cancel patta made in favour of the fourth respondent and to issue patta in her name. However, the same has not been considered so far. Hence, the petitioner is before this Court with this writ petition.

3. Heard both sides.

4. Considering the facts and circumstances of the case, this Court directs the respondents 1 to 3 to consider and dispose of the petitioner's representation dated 14.09.2016, after giving notice to the fourth respondent and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

rm To 1.The District Collector, O/o.The Collectorate Dharmapuri District.

2.The District Revenue Officer, Collector Office, Dharmapuri District.

3.The Tasildhar Dharmapuri Taluk Dharmapuri District.

+!cc to Mr.V.Sakkarapani, Advocate Sr.17987 W.P.No.41635 of 2016 pvs[co] srg 19/04/2017