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Shiva

torts

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0% found this document useful (0 votes)
19 views7 pages

Shiva

torts

Uploaded by

sukulawman17
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Synopsis

Slno Data Events


1 1979 Oral Partition among the family members of
PermualGounder(Eldest Son), S/o
RangaswamyGounder, witnessed by head of Village
members
2 29/06/1985 Written Partition deed executed among family
members of PermualGounder(Eldest Son), S/o
RangaswamyGounder. Witnessed by Village members
and lifetime of PermualGounder( permualGounder
younger brother)
a) Schedule A – RamaswamyPermualGounder
b) Schedule B - ChennianPermualGounder
c) Schedule C – VeerabhadraPermualGounder
3 Since 1962 “SLR “&“A” Register records and as per TNEB
records - Reflects the title of PermualGounder
4 24/04/2013 Case no. – A 27353/2011 - Case between one Mr
Thangevel, S/o ChinnaPermualGounder and the 2nd
Mr Ramaswamy S/o PermualGounder held in
Thasildhar Office BodinayyankurAs Mr Thangavel
raised an allegation on Mr Ramaswamy, for
Misrepresentation,fraudulently obtaining the
successorcertificate of his father
“ChinnaPermualGounder” and has secured patta in
his name.
5 28/12/2020 Mr Thangavel Challenged the order passed by
Thasildhar in case no. A 27353/2011 in the RDO
Uttampalyam numbered with case no A4 1282/2013.
The RDO passed ab impugned order dated
09/08/2021, without considering my representation
even after me impleading in the following case and the
RDO spotted that it was dispute only between
ThangavelvsRamaswamy only.
6 02/02/2021 No Objection agreement executed by Ramaswamy to
SmtVasantha W/o late Chennianpermualgounder and
my legal heirs, stating that he has no objection to
transfer patta of my husband share allotted according
to (.i.e. Schedule B – as per written partition deed on
dated 29/06/1985)
7 22/04/2021 WP(M.D) No. 8309/2021 – Order of the Honourable
high court of Madurai District court directing “ The
thasildar to consider my representation and issue
patta by obtaining relevant documents from me
8 09/08/2021 Thasildar reports stating that, since the partition deed
dated 29/06/1985 is an unregistered copy, will not be
able to pass an relevant order in the favour of
SmtVasantha W/o of Late ChennianpermualGounder
on the order of Honourable Madurai District court W.P
(M.D) No. 8309/2021 and asked me to approach the
RDO uttamapalyam.
D 12/12/2022 Mr.Thangavel S/o of Chinnapermualgounder
challenged the order of RDO in the case no. A4 1282 /
2013 in the DRO Theni, Which was numbered as D4-
4422/2021 and also parted me in the following case.
The DRO passed an order impuged order without
doing any proper investigation stating “Due to
unregistered partition deed withoutnot considering my
representation in this case.
10 26/04/2023 Denial by DRO(Theni) stating 2nd revision is not
possible
11 13/01/2022 Information received by RTI from the Village Office
boothipuram stating that the Govt had issued patta to
ramaswamy on UDR Error though he didn’t submit
successor certificate nor death certificate of late
permualGounder
12 13/12/2022 I had file land grabbing case in the SP (Theni) office as
Mr Ramasway had intentionalyillegaly and
unlawfulyconcopted, created documents to secure all
my husband properties – patta in this name. which
comes to be numbered as 1277/2022 and later post
investigation, ramaswamy admits his mistake, stating
that he has no objection to issue patta to me in RDO
court.
List of Documents

1. Written partition deed executed meaning the family members of


permualgounder s/o late ramaswamygounder during the lifetime of
permualgounder.

2. Family tree of late rangaswamygounder s/o ramagounder

3. Copy of SLR & “A” register documents in the title of permualgounder


s/o of late rangaswamygounder.

4. Heir certificate of late permualgounder s/o rangaswamygounder


witnessed by the village panchayat members.

5. Death certificate of my husband Chennian.P s/o of permualgounder.

6. Heir certificate of late ChennianPermualGounder S/o of late


permualGounder

7. Copy of Ramaswamy’spatta no 1036.

8. Copy of the RTI information received from the village office


boothipuram, stating on UDR error. The patta has been issued to Mr
Ramaswamy S/o of permualgounder.

9. Copy of Addhar Card of SmtVasantha W/o of late


Chennianpermualgounder.

10 .”No Objection agreement” of ramaswamy&veerabhadra dated


02/02/2021.

11. Copy of judgement of Honourable Madurai district court – WP(MD)


8309/2021 dated 22/04/2021

12. Copy of Thasildar report, on the Judgement passed by the


Honorable Madurai District court.

13. Copy of the written statement of Mr.Ramaswamy in the land-


grabbiing case no. 1277/2022 at the SP(Theni) Office.

14. Copy of the letter of denial by the DRO(Theni) stating 2 nd revision is


not possible.
15. Copy of the order of Thasildharbodinayyaankur dated 21/06/2013,
between ThangavelvsRamaswamy

16. Copy of the order of RDO uttampalyam dated 28/12/2020 between


ThangavelvsRamaswamy.

17. Copy of the order of DRO theni dated 12/12/2022, in which I was
made as un-necessary parties.

18. Copy of Addhar card of ramaswamy s/o late permualgounder.


Before the Madurai Bench of Madras High Court

WP (MD) no._____________________

Between

Smt. VasanthaChennian(Aged 59)


W/o Chennianpermualgounder
Residing - W-8, Ramakaran street
Opp to VaigaiBeuro Company,
Near SeeneepoojarKalyanamantapam,
Theni main road, Theni – 625531
Mobile: 9611035589 (Petitioner)

AND

1. Ramaswamy (Aged abovt 75 years),


S/o Late PermualGounder,
Residing – 1/4/5(1) Permualgounder street,
Valaiyathupatti main road,
Boothipuram post, theni main road,
Theni – 625531

2. The Thasildhar,
Bodinayyankur Taluk,
Theni District.

.. Respondents

U/A 226 & 227 of Constitution of India

1. The address of the petitioner for the purpose of issue of notice as


shown in the cause title as above.

2. For the purpose of issuance of notice to the respondent as shown in


the cause title as above.

3. The petitioner submits that the immovable property situated at survey


number - 417/1C; 294/7A;293/9A;408/3B; is originally belong to
Father-in-law of the petitioner and the father of respondent no.2

4. The description of the property which is more fully described here


under as shown in the below, the copy of the patta pertaining to the
above referred lands stands in the name of the 2nd respondent.
5. The petitioner having aggrieved by the issuance of patta as stated
above vide annexure ______________ file this writ petition before this
honourable court.

6. The facts of the case are that originally the patta of the land which
belong to late Sri permualgounder s/o late rangaswamy gounder, who
is none other than father-in-law of the petitioner and father of the
respondent no.2, herein and the said permual gounder who had
passed away in 1960 by living his estate to be succeeded by his legal
representatives. The geological tree of late permual gounder is shown
below.

7. The petitioner submits that on the death of the said perumal gounder,
the 2nd respondent herein created and concocted documents
pertaining to the above referred land and managed to convert to this
name, in collusion with the 1 st respondent and accordingly all the
lands pertaining to “Patta”, which presently stands in the name of the
2nd respondents.

8. On coming to know by the petitioner, she had submitted her


representation transfer to her name as per the partition
deed(Schedule B) dated29/06/1985, but the authorities namely the
1st respondent who had illegally and unlawfully, the portion of land
which was transferred to the 2 nd respondent herein, the copy of the
petition submitted by the petitioner are enclosed for the kind perusal
of this honourable court.

9. The authorities having indulged in the unlawful illegal activities in the


incorporating in the name of the 2 nd respondent of the revenue
records, which in one of the letter, the 2 nd respondent herein himself
admits that the portion of the property that falls on the
petitioner(Schedule B) as per the partition deed, has been made to the
name of 2nd respondent, having admitted and in spite of the fact that
the 1st respondent have failed & neglected to transfer the patta to the
name of the petitioner as per the partition deed(Schedule B) dated
29/06/1985 for the following property. Hence the present writ petition
is filed.

10. The petitioner files the following writ petition on the following
other grounds which may be urged here under among the other
grounds.
GROUNDS

The 1st respondents inactiveness in not transferring the patta in name of the
petitioner as per the partition deed (Schedule B) dated 29/06/1985,
pertaining to the properties containing there in and having neglected it. Is a
violation of the public servant, not acting in accordance with law and
therefore inaction of the 1st respondent of the letter issued by the petitioner
to the 1st respondent dated___________along with the others and accordingly.
This honourable court request to direct the 1 st respondent for effecting the
transfer of the patta to the petitioner for with to the below scheduled
properties.

SCHEDULE

ITEM No 1 : survey number - 417/1C – Measuring 1 acre 10 cents in total,


0.36cent is the 1/3rd share.

ITEM No 2 : survey number - 294/7A – Measuring 1 acre 38 cent in total,


0.69 is the 1/2 share.

ITEM No 3 : survey number - 293/9A – Measuring 0.50 cent in total,0.25


cent is the 1/2 share.

ITEM No 4 : survey number - 408/3B – Measuring 0.56 cent in total,0.18


cent is the 1/3rd share.

PRAYER

Wherefore the petitioner prays that this honourable court to direct the
respondent no 1, to change the patta to her name for with in the interest of
Justice and equity.

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