G.Annamalai v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.29265 of 2024 G. Annamalai

...Petitioner

Vs.

1. The Sub Collector Thiruvannamalai.

2. The Tahsildhar Keezhpannathur Taluk Keezhpannathur.

3. Chinnapaiyan

4. Aattukaran

5. Lakshmanan

6. Kannan ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to restore the patta in respect of the properties in S.No.427/2D and S.No.427/6 situated at Vedanthavadi Village, Tiruvannamalai Taluk, to its original position in the name of Ananthayee Ammal by considering the petitioner's representation dated 13.05.2024.

For Petitioner : Mr.N.Suresh For Respondents 1 & 2 : Mr.S.J Mohamed Sathik Government Advocate

O R D E R

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The petitioner herein seeks a direction to respondents 1 and 2 to restore the patta in the name of petitioner's mother in respect of properties in Survey Nos.427/2D and S.No.427/6 situated at Vedanthavadi Village, Tiruvannamalai Taluk, by considering his representation dated 13.05.2024.

2. It is the case of the petitioner that the above mentioned property originally belonged to his mother Ananthayee Ammal and the revenue patta was also issued in her favour in Patta No.172. Earlier, the private respondents attempted to disturb the petitioner's mother's possession. Therefore, she filed a suit against private respondents in O.S.No.65/2002 on the file of District Munsif Court, Tiruvannamalai and the same was decreed in favour of petitioner's mother by granting a decree for injunction. However, the private respondents produced the bogus document before the official respondents and obtained patta in their name, taking advantage of death of petitioner's mother. Aggrieved by the same, the petitioner submitted a representation on 13.05.2024 seeking cancellation of the patta issued in the name of private respondents and restoration of patta in the name of petitioner's mother and the same has not been considered. Hence, he is before this Court.

3. The learned Government Advocate, who is taking notice for the 2/4

respondents 1 and 2, submits that the representation of the petitioner will be considered on its' own merits within a time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue direction to the 1st respondent to consider the representation of the petitioner dated 13.05.2024 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to the petitioner and the private respondents 3 to 6.

5. With the above directions, this writ petition is disposed of. No costs. 04.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4

S.SOUNTHAR , J.

nr To

1. The Sub Collector Thiruvannamalai.

2. The Tahsildhar Keezhpannathur Taluk Keezhpannathur.

W.P No.29265 of 2024 04.10.2024 4/4