N. MADHAVA RAO Vs. DISTRICT COLLECTOR, CHENGALPATTU

JUDGEMENT

(1.) This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the Patta No.1020 issued by the fourth respondent in favour of 7th and 8th respondent herein in respect of the property measuring about 0.11.5 ares or 29 cents in S.No.140/4B1 in Kazhipattur Village, Thiruporur Taluk, Chengalpet District and quash the same and further issue direction to the fourth respondent to restore the patta in the petitioner's name.

(2.) Heard Mr.D.Kanagasundaram, learned counsel appearing for the petitioner, Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for the respondents 1 to 6 and Mr.T.M.Naidu and Co, learned counsel appearing for the seventh respondent.

(3.) The petitioner challenged the joint patta issued in favour of the 7th and 8th respondents herein by the fourth respondent in respect of the property comprised in Survey No.140/4B1, ad-measuring 29 cents, situated at Kazhipattur Village, Tiruporur, Chengalpattu District. The said property was settled by the petitioner's father by the settlement deed, dtd. 20/7/2005, registered vide Document No. 4641 of 2005. Based on the settlement deed, the petitioner was issued patta in Patta No.106 for the subject property and all the revenue records were mutated in his favour. However, on the application submitted by the 8th respondent, the fourth respondent without even conducting any enquiry, without issuing any notice to the petitioner, sub-divided the land and issued joint patta in favour of the petitioner and the respondents 7 and 8 herein. In fact, the 7th respondent herein filed a suit for partition in C.S.No.730 of 2019 before this Court in respect of the subject property and other properties. In the schedule, the subject property is shown as 10th item. While pending the suit, the 7th respondent made an application in O.A.No.1196 of 2019 for injunction restraining the petitioner and his sons from alienating the suit properties and the same was dismissed.