MANIMEGALAI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petitioner is the appellant and he made a challenge to the order of the first respondent, dated 25.01.2011, in confirming the order of the second respondent, dated 02.03.2009, in and by which, patta was granted to one Nagappan Chettiar, who was the original owner of the land, admeasuring an extent of 16 acres and 58 cents in Survey No.722/1A, Erichanatham Village, Sivakasi Taluk, Virudhunagar District. The Writ Petition, after contest, came to be dismissed vide impugned order, dated 25.03.2011 and challenging the legality of the same, the appellant/writ petitioner has filed this Writ Appeal.

(2.) According to the appellant/writ petitioner, the said property is her self-acquired property, purchased through a registered sale deed, dated 30.06.1975, for a valuable consideration from A.S.Nagarathinam and the legal heirs of the predecessor of V.V.A.Shanmugam, who was the husband of the first vendor and father of the vendors 2 and 3, who had purchased the same through a registered sale deed, dated 02.09.1970.

(3.) The appellant/writ petitioner would submit that she along with her husband was residing at Chennai and she was managing and enjoying the properties through her agents. One Jeevajothi attempted to interfere with the possession and enjoyment of the property on 25.02.2008 and also started disputing her title and in this regard, she has filed a suit in O.S.No.17 of 2008, on the file of the Court of the Subordinate Judge, Virudhunagar, praying for declaration that the suit property absolutely belongs to her and also for a consequential permanent injunction restraining Jeeva Jothi, Tamil Selvi and Shanthi from interfering with her peaceful possession and enjoyment of the same and also for mandatory injunction directing the fourth defendant/the Sub-Registrar, Kunnur, to cancel the gift deed, dated 28.02.2007 executed in their favour.