D.Sangupathi Vs The Collector

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of declaration declaring the act of the 3rd respondent vide his proceedings in Na.Ka.No.3440/ 2017/ A2 dated 16.02.2018 and the patta issued by him vide patta No.6673 in the joint names of the 4th and 5th respondents as arbitrary, illegal, void and all against the principles of natural justice.

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For Petitioner : Mr.D.Saikumaran

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For Respondents For R 1 to 3 : Mr.G.Velu, Additional Government Pleader

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W.P.No.21557 of 2019

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For R4 & 5 : No appearance

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This writ petition has been filed for declaration declaring the

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patta issued by the third respondent vide patta No.6673 in the joint names of the 4th and 5th respondents as void.

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2 . Heard, the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3. Though notice was served on the fourth and fifth respondents and their names have been printed in the cause list, no one on behalf of them appeared before this Court today either in person or through pleader.

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3 . The petitioner’s father owned property to an extent of 68 cents comprised in survey No.331/35 situated at plot No.18 situated at Cooperative Maha Nagar, Sholinganallur, Semmanchery Village, Chennai. He was also issued patta No.2820. Thereafter he settled the said property in

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W.P.No.21557 of 2019 favour of the petitioner by way of settlement deed dated 13.10.2015 vide document No.7895 of 2014. The petitioner was issued patta for the said property. While being so, the fourth respondent attempted to disturb the peaceful possession and enjoyment of the subject property and as such, the petitioner was constrained to file suit in OS.No.410 of 2017 for permanent injunction against the fourth respondent herein on the file of the Additional District Munsif Court, Alandur. It is pending for adjudication. While being so, the fifth respondent submitted representation before the third respondent for cancellation of patta issued in favour of the petitioner. Though the petitioner appeared before the third respondent and raised objections, the third respondent cancelled the patta issued in favour of the petitioner and issued joint patta in favour of respondents 4 and 5 by an order dated 16.02.2018. In the meantime, the fourth and fifth respondents herein lodged complaint before the Deputy Inspector General of Registration challenging the settlement deed executed in favour of the petitioner. After due enquiry, the Deputy Inspector General of Registration by order dated 11.10.2022 dismissed the complaint and directed the Sub Registrar to take appropriate action against the fourth respondent under Section 83 of the Registration Act. The relevant portion of the said order is extracted hereunder:

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W.P.No.21557 of 2019

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4 . Therefore, the fourth and fifth respondents furnished forged

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documents before the third respondent and obtained order for cancellation of

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patta of the petitioner and issuance of patta in their favour of the property owned by the petitioner.

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5 . In view of the above, the impugned order is liable to be set aside. As such, the impugned order dated 16.02.2018 of the third respondent

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is set aside. The joint patta issued in favour of the fourth and fifth

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W.P.No.21557 of 2019 respondents is hereby cancelled and the third respondent is directed to restore the patta issued in favour of the petitioner forthwith in respect of the property to an extent of 68 cents comprised in survey No.331/35 situated at plot No.18 situated at Cooperative Maha Nagar, Sholinganallur, Semmanchery Village, Chennai.

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6 . With the above direction, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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18.09.2025

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Index:Yes/No Speaking Order/Yes/No Neutral Citation/Yes/No lok

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W.P.No.21557 of 2019

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G.K.ILANTHIRAIYAN, J.