C. MUNIAMMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the fourth respondent to conduct fair enquiry on the Petitioner's representation, dtd. 13/9/2022 by giving a fair opportunity to produce all the relevant documents and consequently direct the third respondent not to register any further document based on the fraudulent patta No.551 of Padalayaarkulam Village, Nanguneri Taluk, Tirunelveli District.

(2.) Heard the learned counsel appearing on either side and perused the materials placed beforer this Court.

(3.) The case of the Petitioner is that she is the descendant of Sundaram Pillai, who purchased the property in S.No.413/1, measuring an extent of 0/43/0 hectares situated in the above village by way of registered sale deed in Doc.No.3206/1918, on the file of Kalakkadu Sub-Registrar Office,Tirunelveli District.The patta for the land in Patta No.621 initially stand in the name of one Nellaiyappa Pillai and after his demise, it was transferred in the namer of Velammal, guardian-mother Santhanammal. The said Sundaram Pillai is the great grand-father and Nellaiyappa Pillai is the grand-father of the Petitioner and his wife is Santhanammal and their daughter is Velammal.The said Velammal has a daughter, the Petitioner herein, one son Muthu(brother) and they are the surviving legal heirs in title and possession of the above said property. As the Petitioner's ancestors are illiterates and residing out of the above said village, the respondents 5 and 6 tried to grab the said property by creating forged documents. The respondents 5 and 6 fraudulently obtained Patta No.561 in the name of Brammanayaga Pillai for the above said land claiming that he is their father, without any valid documents. Now the responents 5 and 6 are trying to sell the above said property to the third parties and some of the officials are also helping them to register the encumbrances without valid title documents.In the meanwhile, the Petitioner sent a representation to the respondents 2 and 3 requesting them not to register any documents at the instance of respondents 5 and 6 on the basis of the fraudulent patta No.551 pertaining to the said property and the same was also sent to DIG of Registration and Inspector General of Registration. The said representation was forwarded to the third respondent who in-turn had issued a notice requiring the Petitioner to appear on 12/9/2022 before him and has given the explanation and for the reasons best known to him, he is taking steps to register the document presented by the respondents 5 and 6 after modifying the ''0'' valuation of guideline value of the above property. Further the Petitioner had also sent a representation to the Sub-Collector,Cheranmahadevi which was forwarded to the fourth respondent requesting to cancel the fraudulent patta in the name of Brammanayagam and enquiry is still pending before the fourth respondent.Further the power of attorney given by the fifth respondent is residing at Tirunelveli and sixth respondent is residing at Madurai, for the property situated in Tirunelveli District, which itself shows their malafide intention. Hence the Petitioner has filed this Writ Petition for the relief stated supra.