K.Subramaniam v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.14538 of 2025 and W.M.P.(MD)Nos.10761, 10764 & 10765 of 2025 K.Subramanian ... Petitioner vs.
1.The Director Town and Country Planning Chennai.
2.The Deputy Director Town and Country planning 3.The District Registrar Karaikudi.
4.The Sub Registrar Devakottai.
5.The Tahsildar Devakottai.
6.Kannakottai Panchayat Through its Special Officer Devakottai Taluk, Sivaganagai District.
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7.The Block Development Officer Village PAnchayats Devakottai Union Sivagangai District 8.TANGEDCO Through its Superintending Engineer 9.S.Nachayi 10.Ananthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration declaring the impugned proceedings of the 2nd respondent in NA.KA.No.1040/2020/C-Ma-2 dated 28.12.2020 and the consequential Gift Deed dated 29.12.2020 vide Document No.5029 of 2020 in favour of the 6th respondent and dated 29.01.2021 vide No.334 of 2021 in favour of the 8th respondent herein as illegal and violative of natural justice.
For Petitioner :Mr.V.R.Shanmuganathan For Respondents :Mr.S.Kameswaran - for R1 to R5 Government Advocate Mr.J.Anandakumar - for R10 ***** 2/6
O R D E R
The petitioner is before this Court seeking issuance of a writ of declaration to declare the impugned proceedings of the 2nd respondent in Na.Ka.No.1040/2020/C-Ma-2, dated 28.12.2020, and the consequential gift deed dated 29.12.2020 executed in favour of the 6th respondent, as illegal, null and void.
2. The contention of the petitioner is that the gift deed has been executed in favour of the 6th respondent by the private respondent without having valid title over the property. The petitioner has also instituted a suit in O.S. No.163 of 2021 on the file of the Subordinate Judge, Devakottai, seeking declaration of his title, to declare the gift deed executed by the private respondent as null and void and not binding on him, and for consequential permanent injunction against the private respondents.
3. The dispute between the parties is purely civil in nature. The issues raised involve disputed questions of fact relating to title, which 3/6
cannot be adjudicated in exercise of writ jurisdiction under Article 226 of the Constitution of India. Therefore, the writ petition is not maintainable.
4. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to agitate his rights before the competent civil court in the pending suit. The trial Court is requested to dispose of the suit expeditiously. No costs. Consequently, connected miscellaneous petitions are closed.
25.03.2026 Index :Yes / No NCC :Yes / No rm 4/6
To 1.The Director Town and Country Planning Chennai.
2.The Deputy Director Town and Country planning 3.The District Registrar Karaikudi.
4.The Sub Registrar Devakottai.
5.The Tahsildar Devakottai.
6.Kannakottai Panchayat Through its Special Officer Devakottai Taluk, Sivaganagai District.
7.The Block Development Officer Village PAnchayats Devakottai Union Sivagangai District 8.TANGEDCO Through its Superintending Engineer 5/6
HEMANT CHANDANGOUDAR, J.
rm W.P.(MD)No.14538 of 2025 25.03.2026 6/6