G.Venkatachalam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN G.Venkatachalam .....

Petitioner Vs 1.The District Collector, Office of the District Collector, 2.The District Revenue Officer, Dharmapuri District.

3.The Tahsildar, Pennagaram Taluk, Dharmapuri District.

4.Chinnavasu .....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to restore the patta in the name of petitioner's father Gopalan in respect of the said property being all that piece and parcel of land comprised in 53/2 situated at Kondenahalli Village, Pennagaram Taluk, Dharmapuri admeasuring to an extent of 4.88 acre based on the representation of the petitioner dated 16.06.2025.

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For Petitioner : Mr.M.Selvam For R1 to R3 : Mr.D.Ravichander Special Government Pleader For R4 : Mr.M.R.Jothimanian

ORDER

This Writ Petition has been filed seeking a direction to the respondents to restore the patta in the name of the petitioner's father in respect of the property comprised in Survey No.53/2, measuring an extent of 4.88 acres, situated at Kondenahalli Village, Pennagaram Taluk, 2.

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

3.

The petitioner's father and the fourth respondent are brothers. The said property is being an ancestral property. It is stated that there was an oral partition between them and they are in possession and enjoyment of their respective equal shares. While being so, the petitioner's father executed a Settlement Deed in favour of the petitioner, allegedly suppressing the oral partition between the petitioner's father and the fourth respondent 2/6

and settled the entire property. Even prior to the settlement deed, the petitioner's father and the fourth respondent were issued joint patta in respect of the subject property. On the strength of the settlement deed, the petitioner has now sought deletion of the fourth respondent's name in the patta and issuance of fresh patta in his name for the entire extent of the property.

4.

When the fourth respondent made an application before the Registering Authority challenging the settlement deed, the petitioner filed a suit in O.S.No.56 of 2015 on the file of the District Munsif Court, Pennagaram. seeking declaration and permanent injunction in respect of the subject property. In the said suit, the fourth respondent has also filed a petition seeking a declaration that the settlement deed is null and void, and the same is pending for adjudication. In view of the pendency of the civil proceedings wherein the validity of the settlement deed and the respective rights of the parties are under consideration, the representation submitted by the petitioner seeking deletion of the fourth respondent name in the patta and issuance of a separate patta in respect of the entire property in his favour cannot be considered at this stage.

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5.

In view of the above, the relief sought for in this writ petition cannot be granted. Thus, the writ petition lacks merits and is liable to be dismissed. However, if the petitioner succeeds in the Civil Suit, he can very well approach the Revenue Authorities for issuance of a separate patta in respect of the entire property in his favour. 6.

In the result, this Writ Petition stands dismissed. There shall be no order as to costs.

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To 1.The District Collector, Office of the District Collector, 2.The District Revenue Officer, Dharmapuri District.

3.The Tahsildar, Pennagaram Taluk, Dharmapuri District.

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G.K.ILANTHIRAIYAN, J.

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