of 2016
2.
The Tahsildar,
Poonamallee District,
No 5, Trunk Road,
Poonamallee,
Chennai 600056.
3.
years,
residing
at
No.
42,
Kalaignar
Street,
Cholambedu,
3.
50 Cents of land situated at Old T.S. No. 856, New T.S. No. 9, Ward F,
Block 21, situated at Thirumancholaipudhur, Vaniyambadi Municipal
Division, Devasthanam Village, VaniyambadiTaluk, Vellore District,
which was registered in her name through Doc. No. 2853 of 1986,
registered at the SRO, Vaniyambadi. I further submit that another piece
of land admeasuring about 1 Acre 17 Cents was registered in the name
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of her late husband and my father, Late Deivasigamani vide Doc. No.
2826 of 1986, which also came under the possession of my mother
after my fathers death. Hence, in toto, my mother was in possession
and ownership of about 2 Acres 67 Cents of vacant land, situated at
Vellore District, which was home to several trees and plantations.
4.
The Petitioner submits that after the death of her father, while
The Petitioner submits that while her mother had engaged the
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The Petitioner submits that the Power of Attorney had then been
registered as Doc. No. 830 of 2009 dated 23.02.2009; she had also
provided the original documents and had also signed in some blank
documents for filing of the original suit, trusting the words of the
advocate Mr. Rama Ashokan who had assured her that he will redress
her grievance and fight for justice.
8.
The Petitioner submits that Mr. Rama Ashokan had abused the
Power of Attorney in his name and had shown as if he had sold the
properties to his own wife, Selvi vide Doc. No. 1819 of 2010 and then
reconveyed it to himself by way of a settlement deed on 04.11.2011
vide Doc No. 8362 of 2011 and Doc. No. 8363 of 2011. The Petitioner
submits that her mother was rudely shocked when she became aware
that she was defrauded cunningly by her advocate and immediately
rushed to the gates of law and justice to redress the injustice meted
out to her. The Petitioner's mother had preferred a complaint to the
Police Commissioner on 25.04.2013 and had also filed an O.S. No.
120/13 before the DMC, Vaniyambadi against the fraudsters.
9.
The
Petitioner
submits
that
even
after
her
mother
had
land grabbing by the said Mr. Rama Ashokan, but that he has been
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Records of the said lands would have revealed that there was no single
person Patta for the said lands but only Joint Patta to the whole family
of nine members and that the Respondents have erred in transferring
the Patta to Mr. Rama Ashokan based on a single Power of Attorney
given by a single member of that family and not the whole family.
13.
The
Petitioner
humbly
submits
that
when
the
supported
documents in the Crl. OP. referred suprawere filed, there also was a
document titled Proceedings of the Tahsildar dated14.02.2012 wherein
it was ordered that a joint patta be issued in the name of Mr. Rama
Ashokan and his wife Selvi. The Petitioner submits that it is this
impugned proceedings that the Petitioner seeks to quash in the
present Writ,
14.
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and was confident that once the concerned authorities are made aware
of this blatant error, it would be rectified and the wrongly edited Town
Survey Register would be rectified and the impugned proceedings
would be quashed. Patta would be revoked. Fuelled by this confidence,
the Petitioner had sent a representation dated 09.07.2014 to the
Respondents, detailing all the relevant facts and circumstances.
However,
even
after
receipt
of
the
said
representation,
the
Respondents have not taken any action to remedy the wrong and the
Petitioner and her whole family is left in a lurch.
16.
recognition to her earnest appeal and since her rights in the impugned
properties is imperiled because of this blatant error of the Respondents
which is visible on the face of the record and owing to the fact that the
Respondentsare turning a deaf ear to the Petitioners claims, without
any other alternative remedy, the Petitioner is approaching this
Honble Court under Article 226 of the Constitution of India and hence
this Writ petition.
For the aforesaid reasons it is therefore prayed that this Honble
court may be pleased to dispense With original copy of Proceedings of
the Tahsildar dated 14.02.2012 passed by 3 rd Respondent and pass
such other or other orders as this Honble court may deem fit and
proper in the circumstances of the case and thus render justice.
For the aforesaid reasons it is therefore prayed that this Honble
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the
09.07.2014
Respondents
and
to
consider
consequently
alter
the
the
representation
Town
Survey
dated
Register
Before Me
Solemnly affirmed on this
the
day of June 2016
and the deponent herein
has affixed her signature in
my presence.
Advocate:Chennai
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MEMORANDUM OF WRIT
PETITION
(Under Article 226 of the
Constitution of India)
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
Special Original Jurisdiction
W.P. No.
of 2016
Mrs. Kanchana,
D/o Late Mr. S.
DeivasigamaniMudaliar,
Petitioner
-Vs1.
and 3 others
Respondents
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