H.Showkath Ali v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.H.Showkath Ali 2.S.Noorjahan 3.N.Balkees Bee 4.S.Daulath Bee 5.R.Salima Bee 6.H.Saaranbee ...

Petitioners vs 1.The District Collector Office of the District Collector Kallakurichi Town and District.

2.The District Registrar Office of the District Registrar Kallakurichi Town and District.

3.The Sub Registrar Office of the Sub Registrar Thiagathurugam Town Kallakurichi District.

4.The Block Development Officer, Panchyat Union Office Thiagathurugam Town Kallakurichi District.

5.The Assistant Director Town and Country Planning Villupuram Zone Villupuram Town and District.

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6.S.Muhammad Hanif 7.M.Mahabuppi 8.M.Jabaruddin ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 1 to 5 to consider my representation dated 20.06.2024.

For Petitioners :

Mr.Syed Kaleesha For Respondents :

Mr.M.Shajahan, Spl.GP for RR2, 3 & 4.

Mr.G.Ameedius, GA for R1 & R5.

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2. The case of the petitioners is that the 6th respondent herein had mislead the 6th petitioner by making false statement and fraudulently obtained the settlement deed in the year 2004 in his favour. In the year 2024 he had settled the property in favour of his family members/respondents 7 and 8. The 6th respondent has filed partition suit in OS.No.281 of 2021 on the file of the Principal Sub Court, Kallakurichi in which exparte preliminary decree was passed on 11.04.2023 and registered the exparte preliminary decree before the Sub Registrar, Thiyagadurgam/3rd 2/5

respondent. Thereafter, the petitioners have sent a representation on 10.06.2024 to the respondents 1 to 5 herein to cancel the registration of said documents. Hence, the petitioner filed the present writ petition.

3. Heard the learned counsel for the petitioners and the learned Special Government Pleader for respondents 2, 3 & 4 and the learned Government Advocate for the respondents 1 and 5 and perused the materials available on record.

4. At the outset, this Court is of the view that this petition is misconceived for the simple reason there is no bar under law to deal with the undivided share of the Coowner. The Coowner can deal with the undivided share as proved under Section 44 of the Act, specific allotment can be seen only in partition suit. Hence, I do not find any merits in the writ petition.

5. In the result, the writ petition is dismissed. No costs. No costs. 24.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh 3/5

To 1.The District Collector Office of the District Collector Kallakurichi Town and District.

2.The District Registrar Office of the District Registrar Kallakurichi Town and District.

3.The Sub Registrar Office of the Sub Registrar Thiagathurugam Town Kallakurichi District.

4.The Block Development Officer, Panchyat Union Office Thiagathurugam Town Kallakurichi District.

5.The Assistant Director Town and Country Planning Villupuram Zone Villupuram Town and District.

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N.SATHISH KUMAR , J.

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