Madras High Court
Tmt.M.Kasthuriammal vs The District Collector on 15 September, 2022
W.P.(MD).No.21887 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.21887 of 2022
Tmt.M.Kasthuriammal ... Petitioner
vs.
1.The District Collector,
Sivagangai,
Sivagangai District.
2.The Tahsildar,
Taluk Office,
Thiruppuvanam Taluk,
Sivagangai District.
3.M.Saminathan
4.C.Kalimuthu ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue Writ of Mandamus, directing the respondents 1 and 2 to
consider the petitioner's representation dated 17.08.2022 and cancel the
Patta which are all stands in the name of fourth respondent within the
stipulated time fixed by this Court.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21887 of 2022
For Petitioner : Mr.N.Kalimuthu
For R1 & R2 : Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
This Writ Petition is filed for issuance of a Writ of Mandamus,
directing the respondents 1 and 2 to consider the petitioner's
representation dated 17.08.2022 and cancel the Patta, which stands in the
name of the fourth respondent.
2. The case of the petitioner is that her husband Muthukrishnapillai
died on 04.11.1993. The third respondent viz., Saminathan is her son.
The properties in S.Nos.223/4, 131/6, 131/9, 83/2 and 83/3 stand in the
name of the petitioner's husband Muthukrishnapillai and the properties in
S.Nos.131/10 and 131/11 stand in the name of Samiraja, who is the son
of Muthukrishnapillai. The properties in S.No.131/7 stands in the name
of the petitioner. The said Muthukrishnapillai has executed a registered
Will, by virtue of Document No.89/1992, dated 29.09.1992, in respect of
the above said properties. After the death of Muthukrishnapillai, the
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W.P.(MD).No.21887 of 2022
petitioner entered into an unregistered partition deed on 18.08.2000
along with her sons viz., 1.Saminathan, 2.Palanikumar, 3.Venkatesan,
4.Saravanan and 5.Vadivelan equally. Thereafter, the said Saravanan died
on 07.05.2016, leaving the petitioner as his sole legal heir and he never
married and there is no issue for him.
3. While so, the third respondent along with the fourth respondent
created a fraudulent unregistered gift settlement deed, dated 08.02.2016
as if the deceased Saravanan had executed the said gift deed in favour of
him. Based on the said fraudulent gift settlement deed, dated 08.02.2016,
he had registered a sale deed, dated 01.06.2016, in favour of the fourth
respondent and the old patta number also transferred in the name of the
fourth respondent. Hence, the petitioner has given a petition before the
second respondent seeking to cancel the above said patta, which stands in
the name of the fourth respondent. But the second respondent has not
taken any action. Therefore, the petitioner has filed a suit in O.S.No.147
of 2019 before the learned District Munsif Court, Thiruppuvanam and
the same was ordered in favour of the petitioner. Subsequently, the
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W.P.(MD).No.21887 of 2022
respondents 3 and 4 filed an appeal before the learned Subordinate
Judge, Manamadurai in A.S.No.14 of 2021 and the same was dismissed
on 24.06.2022. Thereafter, the petitioner has given a petition on
17.08.2022, before the respondents 1 and 2 to cancel the patta issued in
favour of the fourth respondent. But, till now the respondents 1 and 2 did
not take any action. Hence, the petitioner has approached this Court by
filing this writ petition.
4. Heard Mr.N.Kalimuthu, learned counsel for the petitioner and
Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for
the official respondents.
5. The petitioner has annexed all the judgment and decree in
O.S.No.147 of 2019 and A.S.No.14 of 2021 and also produced all the
Pattas, which stood in the name of the husband Muthukrishnapillai and
there is no material produced to show whether any appeal has been filed
by the parties concerned. As such, the revenue authorities viz., the
respondents 1 and 2 are directed to consider the representation of the
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W.P.(MD).No.21887 of 2022
petitioner, dated 17.08.2022 and pass appropriate orders on the prayer of
petitioner by cancelling the Patta stood in the name of the other parties as
till date no other order has been produced by the said respondents in their
favour and restoring the Patta to the original owner, after affording
opportunity to the parties concerned, within a period of eight weeks from
the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No
costs.
15.09.2022
Index:Yes/No
Internet:Yes/No
akv
To
1.The District Collector,
Sivagangai,
Sivagangai District.
2.The Tahsildar,
Taluk Office,
Thiruppuvanam Taluk,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21887 of 2022
V.BHAVANI SUBBAROYAN,J.
akv
W.P(MD)No.21887 of 2022
15.09.2022
https://www.mhc.tn.gov.in/judis
