IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 15.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.7006 of 2006 Mrs.Anandhiammal Petitioner Versus 1.The Government of Tamil Nadu, rep. By its Secretary to Government, Home Department, Fort St. George, Chennai – 600 009. 2.The Deputy Inspector General of Police, Santhome Beach Road, I.G. Office, Chennai. 3.Superintendent of Police, Virudhunagar District. 4.Sub-Registrar, Registrar Office, Srivilliputhur, Virudhunagar District. 5.Mr.Sundararajan 6.Mr.V.Karuppasamy 7.Mr.S.Karuppasamy 8.Mr.Kanchivanam Respondents Prayer: Petition filed seeking for a writ of Mandamus, directing the respondents 1 to 3 to take action against the respondents 5 to 8 for having involved in the Kattapanchayat frocing the petitioner and her son to act as per their direction and consequently ensure that the properties of the petitioner in respect of Door No.230 & 298, Mariamman Koil Street, Kilakupaguthi, Srivilliputhur are restored back to the petitioner and her son by taking necessary step. For Petitioner : Mr.S.Silambanan Senior Counsel for Mr.N.Umapathi. For Respondents: Mr.N.Sakthivel Government Advocate (For R1 to R4) Mr.S.Sundar Gopal (Fro R5 to R7) https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition has been filed praying for a writ of Mandamus, to direct the respondents 1 to 3 to take action against the respondents 5 to 8, for having conducted 'Kattapanchayat' and for forcing the petitioner and her son to sell the properties bearing Door No.230 & 298, Mariamman Koil Street, Kilakupaguthi, Srivilliputhur, Virudhunagar District. 2. The main contention of the learned counsel appearing on behalf of the petitioner is that the petitioner and her son had been forced to sell the properties in question, by coercion and therefore, there was no free will and consent in disposing of the said properties by way of a sale. Therefore, the sale deeds executed by the petitioner and her son, in respect of the properties, which had belonged to the petitioner are null and void, as they had been executed without her free will and consent. 3. In the counter afffidavit filed by the respondents, it had stated that on enquiry it had been found that no 'Kattapanchayat' had taken place, based on which the petitioner and her son T.Selvaraj had been compelled to sell their properties. It had also been found that it was T.Selvaraj, who had approached the respondents 5 to 8, to settle the matter, as he was under financial difficulties. However, it has also been stated that it would be open to the petitioner to challenge the sale deeds, if she deems it fit to do so, before the appropriate forum, in the manner known to law. 4. In view of the averments made in the affidavit filed in support of the writ petition and the counter affidavits filed on behalf of the respondents and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court finds that the allegations made by the petitioner had not been supported by sufficient evidence. Therefore, this Court does not find it appropriate to grant the relief sought for, by the petitioner, in the present writ petition. However, it is made clear that it would be open to the petitioner to challenge the sale deeds in question, before the appropriate forum, if she deems it fit to do so, in the manner known to law, by adducing sufficient evidence to support the allegations made by the petitioner that the sale deeds in question had been executed under threat, coercion and undue influence. Accordingly, the writ petition is dismissed. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar cse https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government, Home Department, Fort St. George, Chennai – 600 009. 2.The Deputy Inspector General of Police, Santhome Beach Road, I.G. Office, Chennai. 3.Superintendent of Police, Virudhunagar District. 4.Sub-Registrar, Registrar Office, Srivilliputhur, Virudhunagar District. 1 cc to Mr.S.Silambanan, Advocate, Sr.No.34445 1 cc to Government Pleader, Sr.No.34678 Writ Petition No.7006 of 2006 GR {CO} TP/11.7.2011. https://hcservices.ecourts.gov.in/hcservices/