S.N.Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH S.N.Palanisamy .... Petitioner Vs 1.The District Collector Collectorate Tiruppur District.

2.The Commissioner of Geology and Mining Alandur Road, Guindy Industrial Estate Guindy, Chennai - 600 032.

3.The Commissioner / Director of Town and Country Planning Directorate of Town and Country Planning 2nd, 3rd & 4th Floor, C&E Market Road Koyambedu, Chennai - 600 107.

4.The Sub Registrar Kaniyur Madathukulam Taluk Tiruppur District.

5.P.Jaganathasamy .... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus forbearing the fourth respondent from registering any documents relating to the unapproved layout in S.No.598/1 and 598/2, Myvadi Village, Madathukulam Taluk, Tiruppur District, based on the petitioner's representation dated 31.01.2025. For Petitioner : Mr.R.Suresh Kumar for M/s.K.M.Vijayan Associates For Respondents : Mr.R.Sasikumar Government Advocate for R1 to R4

ORDER

This writ petition has been filed for issue of Writ of Mandamus forbearing the fourth respondent from entertaining and registering any document pertaining to the subject property which is alleged to be an unapproved layout, based on the representation / objection submitted by the petitioner on 31.01.2025.

2. Heard Mr.R.Suresh Kumar, learned counsel appearing for the petitioner and Mr.R.Sasi Kumar, learned Government Advocate for respondents 1 to 4. 2/6

3. The specific case of the petitioner is that the fifth respondent is making a fraudulent claim as if there is an approved layout in the subject property and is attempting to deal with the said property. Earlier the authorities conducted enquiry and found that there is no approved layout in the said property and that the claim made by the fifth respondent is false. Suppressing the said fact, the fifth respondent is now attempting to present the documents before the fourth respondent for registration. In this regard, a representation / objection was made by the petitioner to the fourth respondent on 31.01.2025 not to entertain any further registration of documents pertaining to unapproved layout in the subject property. Since the same was not considered, the present writ petition came to be filed.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the fourth respondent to deal with the objections / representation made by the petitioner on 31.01.2025, as and when any documents are presented for registration with respect to the alleged unapproved layout in Survey Nos.598/1 and 598/2 at Myvadi Village, Madathukulam Taluk, Tiruppur District, and 3/6

ascertain as to whether the layout has been approved. Without considering the objections made by the petitioner and the various materials relied upon by the petitioner, no registration shall be made. Ultimately, the fourth respondent shall take a decision in accordance with law.

5. This writ petition is disposed of with the above directions. No costs. 21.03.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds 4/6

To:

1.The District Collector Collectorate Tiruppur District.

2.The Commissioner of Geology and Mining Alandur Road, Guindy Industrial Estate Guindy, Chennai - 600 032.

3.The Commissioner / Director of Town and Country Planning Directorate of Town and Country Planning 2nd, 3rd & 4th Floor, C&E Market Road Koyambedu, Chennai - 600 107.

4.The Sub Registrar Kaniyur Madathukulam Taluk Tiruppur District.

5/6

N. ANAND VENKATESH., J ds 21.03.2025 6/6