KANNAN, VENKATESWARAN AND KOTEESWARAN Vs. DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT, J VASANTHI, ARV JAGADEESAN AND B VASUMATHI

JUDGEMENT

(1.) The Petitioner being aggrieved by the order, dated 11.08.2005 passed by the District Collector, Virudhunagar, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India.

(2.) The pleaded case of the Petitioner, is that under the family settlement, the land measuring 2 acres and 27 cents bearing survey Nos. 197/6-B, 197/3, 197/4 and 197/5 was given to the Petitioner. The family settlement was duly recorded, and on the recommendation of the Village Administrative Officer, the competent authority granted patta in favour of the Petitioner.

(3.) It is the case of the Petitioner that the 2nd Respondent set up a forged sale agreement, claiming it to be executed by the 4th Respondent, B. Vasumathi, and on the basis thereof, filed a suit for specific performance to enforce the contract of sale. The suit filed by J. Vasanthi stands dismissed by the civil court, however, the appeal is pending against the decree. Tmt. J. Vasanthi during the pendency of the civil suit filed W.P. No. 3685 of 2005 directing the District Collector, Virudhunagar to consider the representation filed by her against the grant of patta in favour of the Petitioner on the basis of family settlement, wherein it was pleaded that the civil suit for specific performance was pending.