C.Sundaramoorthy Vs The Commissioner

Prayer: This writ petition is filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus forbearing the respondents herein from dealing with the properties measuring 0.25 acres in survey No. 19/1B and 3.17 acres in survey No. 19/2B1 situated at Aandipalayam Village formerly Palladam Taluk presently Tirupur Taluk, Tirupur in any manner including the removal of the petitioners name in patta No. 2785 pending disposal of the suit in O.S. No. 570 of 2021 on the file of II Additional Distirct Judge, Tiruppur

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For Petitioner(s): Ms.U.Ramya for Mr.R.Bharath Kumar For Respondent(s): Ms.P.Shanthi for RR1 and 2 Mr.T.K.Saravanan, AGP for RR3 & 4

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https://www.mhc.tn.gov.in/judis

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WP No. 24768 of 2021

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For Petitioner(s): Ms.U.Ramya for Mr.R.Bharath Kumar For Respondent(s): Ms.P.Shanthi for RR1 and 2 Mr.T.K.Saravanan, AGP for RR3 & 4

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ORDER

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This writ petition has been filed to forbear the respondents herein from dealing with the properties measuring 0.25 acres in survey No. 19/1B and 3.17 acres in survey No. 19/2B1 situated at Aandipalayam Village formerly Palladam Taluk presently Tirupur Taluk, Tirupur in any manner including the removal of the petitioners name in patta No. 2785 pending disposal of the suit in O.S. No. 570 of 2021 on the file of II Additional District Judge, Tiruppur.

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According to the petitioner, he purchased the subject property situated at Aandipalayam Village, Formerly Palladam Taluk, presently Tiruppur Taluk, Tiruppur by way of two sale deeds dated 10.07.1996 and 23.09.1996. Subsequently, patta was also granted in favour of the petitioner. When that be so, the third respondent issued summons and directed the petitioner to appear for an enquiry with regard to removal of petitioner’s name from the patta bearing No.2785 on the ground that the said property is a reserved site. Subsequently, the petitioner filed a suit in O.S.No.570 of 2021 on the file of the learned II Additional District Judge, Tiruppur against the respondents 1 and 3 to

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WP No. 24768 of 2021

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declare the ownership over the said property and also for injunction restraining the respondents 1 and 3 from interfering with the peaceful possession and enjoyment of the same. Since the respondents are proceeding further to remove the name of the petitioner from Patta No.2785, the present writ petition has been filed seeking the aforesaid relief.

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The learned counsel for the petitioner submits that the petitioner is the owner of the subject property. He further submits that though the petitioner has filed a suit in O.S.No.570 of 2021 for declaration and permanent injunction, the respondents are trying to remove the name of the petitioner from the patta which is per se unsustainable. Moreso, the aforesaid property is not a reserved site as alleged by the respondent authorities.

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The learned counsel for the respondents 1 and 2 had filed a counter affidavit stating that the layout had been given approval by the Commissioner, Panchayat Union, Tiruppur vide approval No.183 of 1988 in which 40 house sites were formed with an extent of 34.36 cents as reserved sites. In the approved layout, the objectionable area is covered under reserved sites earmarked for public purpose only. Hence, he prayed to pass appropriate orders.

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Heard the learned counsel for the petitioner, respondents 1 and 2 and the learned Additional Government Pleader appearing for the respondents 3 and

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4 and perused the materials available on record.

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Though it is the grievance of the petitioner that the subject property is

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not a reserved site and he is the absolute owner of the same, the learned counsel for the respondents contended that the objectionable area is covered under reserved site which is earmarked only for the public. Seeking for declaration and permanent injunction the petitioner filed a suit in O.S.No.570 of 2021 which is pending on the file of the learned II Additional District Judge, Tiruppur. The petitioner apprehends that the respondents are making attempts to change the name of the petitioner in the patta in the subject property. Though several contentions have been raised by the learned counsel on either side, considering the limited relief sought for by the petitioner, this Court directs the respondent authorities not to interfere with the petitioner’s peaceful possession and enjoyment of the property until the suit attains finality.

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With the above observation and direction, this writ petition is disposed of. No costs.

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16-04-2026

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Index: Yes/No Speaking/Non-speaking order : Yes/No Neutral Citation: Yes/No

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rap

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https://www.mhc.tn.gov.in/judis