K.Senthil Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Senthil Kumar ... Petitioner Vs.
1. The District Collector, Coimbatore District.
2. The District Registrar, Coimbatore District.
3. The Sub Collector, Pollachi Taluk, Coimbatore.
4. The Sub Registrar, Anaimalai.
5. The Tahsildar, Anaimalai Taluk, Coimbatore District.
6. S.Chandramoorthi ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 2 to 5 to consider petitioner's representations dated 22.05.2024, 31.05.2024, 03.06.2024, 20.12.2024, 24.12.2024 & 24.05.2025 and pass orders within the time frame fixed by this Court.
For Petitioner :
Ms.S.Deepa For Respondents :
Mr.P.Sathish Addl. Govt. Pleader for R1 to R5
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 2 to 5 to consider the representations submitted by petitioner on 22.05.2024, 31.05.2024, 03.06.2024, 20.12.2024, 24.12.2024 & 24.05.2025.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to sixth respondent is dispensed with.
3. The case of the petitioner is that he is the absolute owner of the land comprised in Survey Field No.792A/C situated at
Marchinaickenpalayam Village, Anaimalai Taluk, Coimbatore District. It is stated that the subject property and the adjacent lands comprised in Survey Nos.792A/A, 792A/B1A1 & 1166A/1B1 were originally purchased by petitioner's father late Kunguman Chettiar from Sundara Mudaliyar, Manickam Mudaliyar, Lakshmana Mudaliyar and Dharmalinga Mudaliyar vide separate sale deeds dated 20.06.1969, 02.03.1970 & 26.03.1973 registered on the file of fourth respondent. His father was also issued with patta vide Patta No.231 and Patta No.3774 in respect of the subject property. Subsequently, petitioner's father executed a settlement deed dated 01.06.2011 in his favour.
4. While so, in respect of the very same Survey Field No.792A/C, patta said to have been issued in the name of one Yasodhai. Pursuant thereto, Yasodhai executed a settlement deed dated 29.10.2009 in favour of her Children, namely, Vellingiri, Vasanthi and Geetha which was registered as Document No.3698 of 2009 on the file of fourth respondent. Thereafter, the subject property was sold by the children of Yasodhai to sixth respondent
vide sale deed dated 15.04.2024 registered as Document No.2006 of 2024 on the file of fourth respondent. Subsequently, sixth respondent appears to have executed a Memorandum of Deposit of Title Deeds on 15.04.2024 in favour of M/s.Piramal Capital and Housing Finance Limited in respect of the subject land and the same was registered as Document No.2007 of 2024. Although petitioner made several representations for cancellation of deeds and to initiate prosecution against the parties, he confines his prayer only in respect of cancellation of patta.
5. At the outset, it was submitted by learned Additional Government Pleader for respondents 1 to 5 that in view of the fact that there has been settlement and sale deed executed by Yasodhai and settlee's, petitioner's present request for cancellation of patta is difficult to be entertained. Learned Additional Government Pleader would further submit that this Court has consistently held that the sale deed or settlement deed cannot be cancelled by the Registering Authority and the power is only vested with the civil Court. He would suggest that petitioner may approach
the civil Court for cancellation of settlement deed, sale deed and patta. In any view, if petitioner submits a fresh representation for cancellation of patta, the same would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
6. Taking into consideration the facts and circumstances of the case and the grievance expressed by petitioner, there shall be a direction to petitioner to submit a fresh representation to the concerned respondent along with necessary documents and also a copy of this order with regard to cancellation of patta within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On such receipt, the concerned respondent shall pass appropriate orders within a period of eight weeks thereon, after putting petitioner, sixth respondent and any other interested parties, if any, on notice. It is open to petitioner to approach the civil Court with regard to other reliefs. It is made clear that this Court has not expressed any view with regard to the merits of
the case and it is open to the respondent to consider the case on its own merits and in accordance with law.
7. Accordingly, the Writ Petition stands disposed of. No costs. 03.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The District Collector, Coimbatore District.
2. The District Registrar, Coimbatore District.
3. The Sub Collector, Pollachi Taluk, Coimbatore.
4. The Sub Registrar, Anaimalai.
5. The Tahsildar, Anaimalai Taluk, Coimbatore District.
MOHAMMED SHAFFIQ, J.
vji 03.07.2025