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Madras High CourtWP/38069/2025disposed of

M.Poovayee v. The District Collector

2025-10-10Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 10.10.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.42519 of 2025 M.Poovayee ... Petitioner Vs.

1.The District Collector, Kallakurichi District, Office of the Collectorate, Kallakurichi - 606 213.

2.The Revenue Divisional Officer, 3.The District Registrar, Kallakurichi District, Office of the District Registration, Kallakurichi - 606 213.

4.The Revenue Tahsildar, Kallakurichi Taluk, 5.The Join-II Sub Registrar, 6.R.Mohan ... Respondents 1/6

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to take action on the representation given on behalf of the petitioner dated 27.10.2023 and cancel the fraudulent sale deed registered in document No.1239/2010 in the name of the 6th respondent. For Petitioner : Mr.S.Venkatesh For Respondents 1 to 5 : Mr.Abishek Murthy, Government Advocate

ORDER

The relief sought for in this writ petition is to direct the respondents 1 to 4 to take action on the representation given on behalf of the petitioner dated 27.10.2023 and cancel the fraudulent sale deed registered in document No.1239/2010 in the name of the 6th respondent.

2. Mr.Abishek Murthy, learned Government Advocate takes notice on behalf of the respondents 1 to 5. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

3. The case of the petitioner is that the petitioner was assigned land 2/6

by the fourth respondent to an extent of 1090 sq.ft., in S.No.158/61, patta No.905, Indili Village, Ulagankathan Post, Kallakurichi Taluk, in the year 1995. Thereafter, the petitioner constructed a house in the aforesaid assigned land. This being the case, the petitioner borrowed a sum of Rs.50,000/- from the sixth respondent herein by signing a promissory note and later she re-paid the same. However, during the year 2022, the sixth respondent threatened the petitioner to vacate the property for nonpayment of aforesaid amount. Then only the petitioner came to know that the aforesaid land, which was assigned to her was illegal registered in the name of the sixth respondent vide Doc.No.1239/2010, but the patta was still stands in the name of the petitioner. In this regard, the petitioner's son made a representation dated 27.10.2023, before the respondents 1 to 4 to take action against the sixth respondent and to cancel the fraudulent sale deed, however, till date, no order was passed. Hence, the petitioner has come forward with the present writ petition.

4. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents 1 to 4 to consider the 3/6

petitioner's representation dated 27.10.2023.

5. Learned Government Advocate appearing for the respondents 1 to 5 submitted that the petitioner's representation dated 27.10.2023 would be considered and appropriate orders passed, within a time frame that may be fixed by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the respondents 1 to 4 to consider the petitioner's representation dated 27.10.2023, after giving due notice and opportunity of personal hearing to the petitioner as well as sixth respondent, within a period of eight weeks from the date of receipt of a copy of this order. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 4/6

10.10.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The District Collector, Kallakurichi District, Office of the Collectorate, Kallakurichi - 606 213.

2.The Revenue Divisional Officer, 3.The District Registrar, Kallakurichi District, Office of the District Registration, Kallakurichi - 606 213.

KRISHNAN RAMASAMY.J., vm 4.The Revenue Tahsildar, Kallakurichi Taluk, 5/6

5.The Join-II Sub Registrar, 10.10.2025 6/6