Gajalakshmi J v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.24508 of 2025 J.Gajalakshmi ..Petitioner Vs
1. The District Collector The District Collector Office, Dindigul.
2. The Secretary MDA HSG 32 Thiyagi NGR Co-operative Housing Society, Palani Town, Dindigul.
3. The Managing Director / The Registrar Tamilnadu Housing Co-operative Society, 48, Riththarttan Road, Chennai.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 06.08.2025 passed by the 2nd respondent and quash the same as illegal, arbitrary and consequently direct the respondents to return the original title deeds of the petitioner's property situated at Survey No.19/1B1 and Survey No.29/1 measuring to an extent of 17 Acres 70 Cents situated at Palani Town, Dindigul District, and for other reliefs as fixed by this Court. 1/6
For Petitioner : Mr.S.Harish For Respondents : Mr.D.Sasikumar Addl. Govt. Pleader
ORDER
Challenging the order passed by the second respondent dated 06.08.2025, the petitioner is before this Court.
2. The short facts necessary for the disposal of the above writ petition are as follows:
3. The petitioner would submit that the property in question, namely an extent of 17 acres and 70 cents comprised in S.No.19/1B1 and S.No. 29/1, situated at Palani Town, Palani Taluk, Dindigul District, belongs to one Jamunarani, wife of T.Ramachandran. She purchased the said property under a sale deed dated 01.02.1990. The said Jamunarani availed a loan from the second respondent by creating a registered mortgage over the said property vide deed dated 03.01.2000 on the file of the Sub-Registrar, Palani.
4. It is further stated that Jamunarani subsequently entered into an agreement to sell the property to the petitioner's father, Muthaiyalu, as she and her husband had become bankrupt and insolvent. Consequently, they approached the petitioner's father to purchase the said property. However, 2/6
the sale deed could not be registered at that time as the market value of the property was assessed as low. Nevertheless, the petitioner's father had paid the entire sale consideration. Thereafter, the petitioner's father approached the second respondent seeking permission to discharge the loan liability of Jamunarani in instalments. The said request was accepted by the second respondent, who assured that on payment of the entire dues, a loan closure receipt would be issued and the original title deeds would be returned to the petitioner's father. The petitioner's father accordingly paid a sum of Rs. 2,00,000/- to the second respondent, who issued a No Objection Certificate. Based on the same, a sale deed was registered on the file of the SubRegistrar, Palani, on 01.01.2004.
Subsequently, the petitioner's father executed a settlement deed in her favour on 03.06.2013. The property was properly described with four boundaries. Prior to the execution of the settlement deed, the petitioner had approached the second respondent seeking a No Objection Certificate for registering the settlement deed, which was also issued.
5. The petitioner further states that the revenue records have been mutated in her name and she has been in continuous possession and enjoyment of the property since then. The petitioner's father was also issued a registered sale receipt by the second respondent dated 19.07.2019. He had thereafter approached the second respondent seeking return of the original title documents, which were promised but not handed over. 3/6
6. The petitioner would further submit that she now intends to execute a settlement deed in favour of her heirs. Since the original title deeds were not available with her, she approached the second respondent requesting return of the documents. However, the same was not furnished. Thereafter, she submitted a detailed representation dated 08.01.2025. As no action was taken, she filed W.P.(MD)No.4984 of 2025 seeking a direction to the respondents to return the original documents. This Court, by order dated 23.12.2024, directed the respondents to consider the petitioner's representation and pass appropriate orders. Pursuant thereto, the impugned order was passed rejecting her request. Challenging the same, the present writ petition has been filed.
7. It is seen that the impugned order directs the petitioner to approach the second respondent along with Jamunarani or the legal representatives of Jamunarani, as there is no registered sale deed executed by Jamunarani in favour of the petitioner's father. The documents enclosed to the writ petition also do not contain any registered sale deed in favour of the petitioner's father, except for the sale receipt issued by the second respondent dated 19.07.2019. The said receipt also reflects that the payments were received from Jamunarani and that the entire dues to the second respondent had been cleared.
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8. In such circumstances, the direction to approach the second respondent along with Jamunarani or her legal heirs for receiving back the original documents does not appear to be erroneous.
9. Accordingly, this writ petition is dismissed. No costs. 10.09.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To
1. The District Collector The District Collector Office, Dindigul.
2. The Secretary MDA HSG 32 Thiyagi NGR Co-operative Housing Society, Palani Town, Dindigul.
3. The Managing Director / The Registrar Tamilnadu Housing Co-operative Society, 48, Riththarttan Road, Chennai.
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P.T.ASHA, J.
skn Writ Petition(MD)No.24508 of 2025 10.09.2025 6/6