Theththan G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR G.Theththan ... Petitioner Vs.

1.The District Collector, Dindigul District, Collectorate Complex, Dindigul.

2.The Block Development Officer (Administration), Sanarpatti Union Office, Sanarpatti, Dindigul East Taluk, Dindigul District.

3.G.Paraman @ Paramasivam ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to cancel the allotment of the free house to the third respondent which is to be constructed in the undivided property in Survey No. 397/2A1 to an extent of 78 cents of Koovanuthu Village and subsequently, the patta standing in the name of the third respondent in

the Patta No.4792 of Koovanuthu Village to an extent of 6 cents in Survey No.397/7 of Koovanuthu Village is a fraudulently obtained patta by the third respondent by considering the petitioner's representation dated 23.06.2025 and 24.06.2025.

For Petitioner : Mr.V.Baskaran For R1 : Mr.A.Baskaran Additional Government Pleader For R2 : Mr.S.Jeya Priya Government Advocate

ORDER

The writ petition is filed seeking a direction to the respondents 1 and 2 to cancel the allotment of free house to the third respondent to be constructed in the undivided property in Survey No.397/2A1 with an extent of 78 Cents of land in Koovanuthu Village. The petitioner also seeks a direction for cancellation of patta stands in the name of the third respondent in respect of 6 cents in Survey No.397/7 of Koovanuthu Village, by considering the petitioner's representation dated 23.06.2025 and 24.06.2025.

2. According to the petitioner, the subject properties are his joint family properties and the third respondent executed a settlement deed in favour of his son Mangalaguru in respect of the 26 cents of land in Survey No.397/2A1. Subsequently, his son Mangalaguru executed a settlement deed in respect of 6 cents of land in the above said survey number in favour of the third respondent. Based on those two documents, the third respondent obtained patta and started construction of building under the scheme of the Government. Aggrieved by the same, the petitioner submitted a representation before the respondents 1 and 2 seeking their intervention and cancellation of patta issued in the name of the third respondent and stoppage of the construction. The said representation has not been considered. Hence the petitioner has come before this Court.

3. According to the petitioner, the subject properties are the undivided ancestral properties and he is also having a share. The third respondent created certain registered documents and obtained exclusive patta in his name. Based on the said patta, he is attempting to put up a construction under the free housing scheme of the Government. If the

petitioner has got any share in the property, it is for him to work out his remedy before the civil court by filing a suit for partition in the said suit. The petitioner can also seek appropriate interim relief. Therefore, this court is not inclined to issue any direction to the respondent. 4.Accordingly this writ petition stands dismissed. No costs. 04.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No pnn To 1.The District Collector, Dindigul District, Collectorate Complex, Dindigul.

2.The Block Development Officer (Administration), Sanarpatti Union Office, Sanarpatti, Dindigul East Taluk, Dindigul District.

S. SOUNTHAR , J.

pnn Dated: 04.07.2025