T.Johnsy Bai v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 02.01.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Mrs.T.Johnsy Bai [Senior Citizen] wife of Mr.V.Arul Doss, No.10/63, Kumaran Nagar Extension, Kolathur, Chennai 600 099 ... Petitioner Vs.

1. The Revenue Divisional Officer, Chennai Central Prison, Anna Nagar Western Extension, Chennai 600 101

2. The Tahsildar, Ambattur Taluk, The Office of the Tahsildar, Ambattur, Chennai 600 053.

3. Mr.P.K.Doss ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus to direct the 1st respondent to dispose of the representation dated 26.07.2023 given by the petitioner within a time 1/5

frame issued by this Court.

For Petitioner : Mr.J.Chelladurai Caldwell For Respondents : Mr.A.Selvendran Special Government Pleader for Respondents 1 and 2

ORDER

The writ petition is filed for the issue of writ of Mandamus directing the 1st respondent to dispose of the representation dated 26.07.2023 given by the petitioner within a time frame issued by this Court. 2.

The case of the petitioner is that she is the sole and absolute owner of the plot of about 2400 Sq.ft bearing Plot No.34 of Vanaskthi Nagar previously called as Veeravanji Nagar comprised in Old Survey No.671/2, 677/1A and 677/2 and as per Town Survey Land Register, Ward E, Block No.17, T.S.No.24/3 of Korattur Village, presently Ambattur Taluk, Chennai District. The petitioner had purchased the above mentioned property through a registered Sale deed dated 30.03.2007 vide Document No.1423 of 2007 in Book 1 at SRO Villivakkam from one Hemalatha. The said Hemalatha had purchased the property from one Mr.K.Kandasamy rep. By 2/5

his power of attorney agent one Mr.K.Dakshanamoorthy through a registered sale deed bering document No.3941 of 1990 at SRO, Anna Nagar. The said Mr.Kandhasamy represented by his agent Mr.K.Dakshanamoorthy, unilaterally cancelled the petitioner's vendor's sale deed without her knowledge vide a unilateral cancellation deed dated 26.11.1990 registered as Document No.5621 of 1990 at SRO, Villivakkam and sold the property to one Mr.P.K.Doss. The petitioner had obtained patta in her name. Since the declaration suit filed by the petitioner is pending, the 3rd respondent has erased the records under T.S.No.24/3 from the Taluk records. The petitioner in this regard had given a representation dated 26.07.2023 in the form of an appeal to the 1st respondent. Pursuant to which, the petitioner and the 3rd respondent were called for an enquiry and enquiy has been conducted. However till date no action has been taken on the enquiry conducted, but therefore, the petitioner filed this writ petition before this Court seeking a mandamus.

3.

Heard Mr.J.Chelladurai Caldwell, learned counsel for the petitioner and Mr.A.Selvendran, learned Additional Government Pleader for 3/5

Respondents 1 and 2.

4.

Considering the limited relief sought for in this writ petition without going into the merits of the case, a mandamus is issued to the 1st respondent to dispose of the representation dated 26.03.2023, on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.

This Writ petition is allowed accordingly. No costs. 02.01.2025 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To

1. The Revenue Divisional Officer, Chennai Central Prison, Anna Nagar Western Extension, Chennai 600 101

2. The Tahsildar, Ambattur Taluk, The Office of the Tahsildar, Ambattur, Chennai 600 053.

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P.T.ASHA.,J rka 02.01.2025 5/5