Sakampuri Rajagopal v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Sakampuri Rajagopal Represented by his Power Agent R.Prabhavathi ... Petitioner

Versus

The Sub Collector, Ponneri Sub Division, Ponneri Taluk, Thiruvallur District - 601 204 ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to pass appropriate orders on the complaint given by the Petitioner dated 10.03.2023.

For Petitioner :

Mr. S.Udhaya Kumar For Respondent :

Mr. R.P.Murugan Raja Government Advocate Page No.1 of 5

O R D E R

This Writ Petition has been filed seeking for issuance of a simple writ of mandamus to direct the respondent to pass appropriate orders on the complaint given by the Petitioner dated 10.03.2023. 2.

The allegation of the petitioner is that the land to an extent of 1.00 Acre comprised in S.No.434/1 situated in Ponneri-II Village, Ponneri Taluk, Thiruvallur District was purchased by the petitioner's mother, namely, Mrs.R.Subbulakshmi, vide Sale Deed dated 07.08.1974 registered Vide Doc.No.1821/1974 in the Sub-Registrar Office, Ponneri. The said Mrs.R.Subbulakshmi, died intestate, leaving behind the petitioner and his sister Mrs.Jayammal. The petitioner is residing in U.S.A. Taking advantage of the long absence of the petitioner and old age of his sister, Mrs.Jayammal, the two sons of the said Mrs.Jayammal, have executed seven Settlement Deeds in respect of the lands belonging to the petitioner in favour of their family members and based on which Patta has also been obtained by the Settlees. On coming to know about the same, on 09.03.2023, the petitioner preferred a complaint before the District Registrar (Admin), Thirvallur to cancel all the illegal settlement deeds. On Page No.2 of 5

10.03.2023, he preferred a complaint before the respondent to cancel all the Pattas. Due to his old age, the petitioner wants to take immediate action in this regard and furthermore, it is the main contention of the petitioner that if the Pattas are not cancelled. There are chance of further alienation. Hence, the present Writ Petition.

3.

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials available on record.

4.

Considering the facts and circumstance of the case, and taking into consideration the limited prayer sought for in this Writ Petition, without going into the merits of the case, this Court directs the respondent to conduct a fresh enquiry, if the earlier enquiry was not conducted properly, after issuing notice to the petitioner as well as to the adjacent land owners of the subject property and also interested parties/rival claimants if any, in a manner known to law and consider the complaint of the petitioner dated 10.03.2023, and pass orders on merits and in accordance with law, within a period of one month from the date of receipt of a copy of this Page No.3 of 5

order.

5.

With the above directions, the Writ Petition stands disposed of. No costs.

11.12.2023 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No klt To:

The Sub Collector, Ponneri Sub Division, Ponneri Taluk, Thiruvallur District - 601 204 Page No.4 of 5

P. VELMURUGAN, J.

klt 11.12.2023 Page No.5 of 5