Kannan S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.12.2025

CORAM

THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)No.29314 of 2025 S.Kannan ... Petitioner Vs.

1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

3.The Executive Officer, Kannivadi Town Panchayat, Kannivadi, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the third respondent from putting construction in the petitioner's patta land in Survey No.363/9A in Sirankadu Village, Dindigul West Taluk, Dindigul District measuring 15 cents.

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For Petitioner : Mr.K.MU.Muthu For Respondents : Mrs.P.B.Ahamed Yasmin Government Advocate

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus forbearing the third respondent from putting up any construction in the petitioner's patta land in Survey No.363/9A in Sirankadu Village, Dindigul West Taluk, Dindigul District, measuring 15 cents.

2.The learned counsel appearing for the petitioner submits that the petitioner purchased the property in Survey No.363/9A, Sirankadu Village, Dindigul West Taluk, Dindigul measuring 15 cents from one Sugapriya, wife of Raveendran, vide sale deed 04.06.2025 bearing Document No.1505/2025. There are twelve (12) commercial shops in the said property, which have been let out on rent. After purchasing the property, the petitioner has been in possession and enjoyment of the same and patta bearing No.4597 has been mutated in his favour. He further submits that on 15.07.2025, the third respondent informed the petitioner 2/5

that he proposed to put up a bus stand in the petitioner's property after demolishing the existing shops. However, the third respondent has not initiated any action under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquire the petitioner's property. Therefore, the petitioner filed a suit in O.S.No.190 of 2005 before the Principal District Munsif Court, Dindigul, seeking the relief of permanent injunction, which is pending. The petitioner now states that the respondents are making arrangements to put up a bus stand in his patta land in Survey No.363/9A and prays for a direction restraining the third respondent from putting up any construction.

3.The learned Government Advocate appearing for the respondents submits that the proposed bus stand is being put up only in Survey No. 365/3 after a survey conducted by the authorities. Notice was also served, and after receiving objections, it was confirmed that no construction would be carried out in Survey No.363/3. He further submits that in view of the above, civil suit is also pending. 3/5

4.The relief sought for by the petitioner cannot be granted. It is evident that the petitioner has already approached the civil Court by filing a suit seeking injunction against the respondents, which is pending consideration. When the matter is already seized of by the civil Court, the present writ petition is not maintainable. 5.Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 26.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

3.The Executive Officer, Kannivadi Town Panchayat, Kannivadi, Dindigul District.

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R.POORNIMA , J.

MGA 26.12.2025 5/5