Madras High CourtWP/43907/2025dismissed

P.Senthilkumar v. The District Collector

2025-11-20Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.No.49014 of 2025 P.Senthilkumar S/o.K.Parthasarathy Door no 28, Bajanai Kovil Street, Kotaamedu, Thirunindravur, Thiruvallur District - 602 024 Petitioner(s) Vs

1. The District Collector Tiruvallur Collector Office, Tiruvallur District - 602 001 2.The Tahsildhar Tiruvallur Taluk Office, Tiruvallur District - 602 001 3.The Sub Registrar Tiruvallur Sub Registrar Office, Tiruvallur District - 602 001 4.The Revenue Divisional Officer Revenue Divisional Office, Tiruvallur District - 602 001

5.S.Kannan Plot No.89, Old No. 35, New No. 247 Co-operative Employees Society Nagar, Near Marudhar Town, Perumalpattu Tiruvallur Taluk, Tiruvallur District - 602 024.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the respondent to consider the representation dated 12.08.2025 and prevent unauthorized construction. For Petitioner(s):

Mr.B.Manoharan for Mr.V.Devendhiran For Respondent(s):

Mrs.S.Anitha, Special Government Pleader for R1, R2 & R4 Mr.R.Sasi Kumar, Government Advocate for R3

ORDER

This writ petition is filed seeking for a direction to the respondents to consider the representation of the petitioner dated 12.08.2025 and to thereby, prevent un-authorised construction.

2.The case of the petitioner is that the petitioner's grandfather, Mr.Perumal Naidu, purchased 2 acres and 1 cent of land in Survey No.359/7, Koil Kuppam Village, Tiruvallur Taluk and District, under sale deed no.2367/1964. The land was later approved for residential development in 1992 (LPDM/DTP No.1042/1992) by the Directorate of Town and Country Planning (DTCP). After the demise of the said Perumal Naidu on 13.09.1995, the property was inherited by his two daughters, P.Kasthuri and P.Rajini, who partitioned it under deed no.2685/2012. The approved layout included designated public roads in survey subdivisions 359/7A, 7B, 7C, 7E and 7F, earmarked for public use. However, after the death of Perumal Naidu, forged sale deeds were allegedly created using the survey numbers of these pubic roads and illegal pattas (Nos.

4794, 5900, 5936, 5901 and 5908) were obtained by certain individuals and were used to subdivide public road areas into residential plots, leading to attempted encroachments on the petitioner's lawful property. To prevent unauthorized construction, the petitioner submitted a representation dated 12.08.2025 to the fourth respondent. However, no order was passed. Hence, the present writ petition.

3.The learned counsel for the petitioner submitted that this Court may direct the respondents 1 to 4 to consider and pass orders on the petitioners representation within a stipulated time as fixed by this Court. 4.Heard the learned counsel on either side and perused the materials available on record. Since no adverse order is passed against the fifth respondent, notice to the fifth respondent is dispensed with. 5.It is seen that in the year 1992 DTCP approval was obtained for Survey No.359/7 and later Sy.No.359/7 was sub-divided into several patta numbers based on alleged forged sale deeds, in favour of several persons. Now, at a later point of time, the petitioner wants to cancel the patta's so issued to several persons. The petitioner has to approach the competent civil court for appropriate remedy and without doing the same, filing the present writ petition seeking to consider his representation and thereby, to restrain illegal construction in the said survey number, is not sustainable and the same is liable to be dismissed.

6.Therefore, the writ petition is dismissed, with liberty to the petitioner to approach the competent civil court for appropriate remedy. No costs. Consequently, the connected miscellaneous petition is closed. 20-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To

M.DHANDAPANI. J., Tsg

20.11.2025