K.Semmalai v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32265 of 2024

1. K.Semmalai

2. K.Subramani

3. K. Pachiyappan

4. K.Kamatchi

...Petitioners

Vs.

1. The District Revenue Officer, O/o. Villupuram District Revenue Officer, Villupuram District.

2. The Tahsildar, O/o. Gingee Taluk, Gingee, Villupuram District - 604 152.

3. S. Kannan

4. K. Selvapathy

5. K. Valli

6. K. Senthamizh Selvi

7. K. Senniyammal

8. K. Dhanam

9. V. Ganthimathi

...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 conduct the enquiry on the representation dated 19.12.2022 and the reminder dated 1/4

29.04.2023 and dispose the same within a stipulated period. For Petitioner : Mr.M.Prabhakar For R1 & R2 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioners herein seek a direction to the respondents 1 and 2 to conduct the enquiry on the representation of the petitioner dated 19.12.2022 and the reminder dated 29.04.2023 and dispose the same within a stipulated period.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 & 2, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioners that the property with an extent of 50 ares situated in Survey No.41/2K, 76, Uliampattu Village, Gingee Taluk, originally allotted to their father Kandaswamy under oral partition. During UDR scheme, the patta for the property was issued in the name of the petitioners' paternal uncle's daughter namely Devagi. Based on the patta, she 2/4

executed a sale deed dated 20.12.2019 in favour of one Gandhimathi. Therefore, the petitioner submitted a representation before the first respondent dated 19.12.2022, seeking to cancel the sale deed executed by Devagi in favour of Gandhimathi and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. According to the petitioners, the said sale deed was executed based on the UDR patta issued in favour of Devagi erroneously. However, the first respondent has no power to cancel the registered sale deed. Therefore, this court is not inclined to give any direction to the respondents to consider the representation submitted by the petitioner. Accordingly, this writ petition is dismissed. No costs.

5. However, it is open to the petitioners to work out their remedies, if any, before the civil Court.

29.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av 3/4

S. SOUNTHAR, J.

av To

1. The District Revenue Officer, O/o. Villupuram District Revenue Officer, Villupuram District.

2. The Tahsildar, O/o. Gingee Taluk, Gingee, Villupuram District - 604 152.

W.P No.32265 of 2024 29.10.2024 4/4