Fraudulent patta issuance via tampering declared invalid; mutation directed based on Supreme Court-confirmed title.

Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issuance a Writ of Certiorarified Mandamus calling for the records of the 4th Respondent in issuance of illegal and fraudulent patta in TSR No.646 of 2018 dated 19.04.2018 in favour of deceased Mrs. Chakkubai mother of 5th Respondent and quash the same and forbear the Respondents 1 to 6 herein in from any manner interfering with the right title, interest and possession petitioners’ property situated at Survey No. 356/9A, Keelkattalai village Boopathi Nagar, Chennai which has been confirmed by order of the Hon’ble Supreme Court of India in Appln.No.4 of 2015 in Civil Appeal No.133 of 2009 dated 22.11.2016.

For Petitioner(s): Mr.G.Nicul Anand for M/s G.Vijay Anand Associates For Respondent(s): Mr.C.Gowthamaraj, GA for R1 to 4 M/s.G.Daisy John for R5 & 6

ORDER

This writ petition is filed to call for the records of the 4th Respondent in issuance of illegal and fraudulent patta in TSR No.646 of 2018 dated 19.04.2018 in favour of deceased Mrs.Chakkubai mother of 5th Respondent and quash the same and forbear the Respondents 1 to 6 herein in from any manner interfering with the right title, interest and possession petitioners’ property situated at Survey No. 356/9A, Keelkattalai village Boopathi Nagar, Chennai which has been confirmed by order of the Hon’ble Supreme Court of India in Appln.No.4 of 2015 in Civil Appeal No.133 of 2009 dated 22.11.2016.

2. Learned counsel for the petitioners would submit that the petitioners have purchased a vacant land situated at S.No.356/9A, Keelkattalai Village, Boopathi Nagar, Chennai vide registered sale deed dated 18.02.2005, from one Mrs.G.Vijayalakshmi. This being so, the said property was being brought for auction by Tamil Nadu Mercantile Bank, TTK Road Branch, since the same was mortgaged by the petitioners’ vendor viz., Mrs.G.Vijayalakshmi and her loan account had turned Non-performing Asset. Thereafter, the petitioners have approached the Hon'ble Supreme Court in Appln.No.4 of 2015 in Civil Appeal No.133 of 2009 for getting direction regarding raising of the mortgaged property and issuance of sale certificate by the Bank, which was ordered on 22.11.2016. Pursuant to which, the petitioners were issued with a Sale Certificate No.10 of 2018. This being the case, when the first petitioner's son visited the aforesaid subject property, he came to know that the fifth respondent has fraudulently created a forged patta vide T.S.R.No.646 of 2018 dated 19.04.2018, in favour of his deceased mother Mrs.Chakkubai, in respect of the subject property and registered the same on 05.08.2021 and based on which, a power of attorney was registered in favour of the sixth respondent. Therefore, the petitioners have made a criminal complaint against the respondents 5 and 6 for obtaining the illegal and forged patta and also made an objection to the respondents 1 to 4 to cancel the patta issued in the name of Mrs.Chakkubai. Challenging the said fraudulent patta dated 19.04.2018, issued in favour of Mrs.Chakkubai, the petitioners have come forward with the present writ petition.

3. Learned Government Advocate appearing for the official respondents would submit that fraud has been played by tampering the patta and included the name of one Mrs.Chakkubai, deceased mother of fifth respondent in the said patta. In this regard, an enquiry was conducted and after which, the fourth respondent has lodged a complaint before the concerned jurisdictional police and FIR was also filed.

4. Heard the learned counsel on either side and perused the materials available on record.

5. In the case on hand, even the Tahsildar, the fourth respondent has