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Madras High Court
S.Kala vs The District Collector on 12 March, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 8899 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 8899 of 2026
AND
WMP NO. 9597 OF 2026
S.Kala
..Petitioner(s)
Vs
1. The District collector
Collectorate,
Kancheepuram -631501
2. The Sub collector
Collectorate,
Kancheepuram-631 501
3. The Tahsildar
Uthiramerur Taluk office
Taluk office campus
Kancheepuram District -603107
4. The Village Administrative officer
No.78, Nerkundram village
Kancheepuram District
5. Rajendhiran
..Respondent(s)
calling for the 2nd respondents impugned order dated 28.7.2025
vide Na.Ka.No. 1496/2025 /Aa2 with regard to petitioners land comprised in
New survey No.178/17 and quash the same as non application of mind,
violation of principles of natural justice and without jurisdiction, consequently
forbearing the 1 to 4 respondents from interring in any manner with the
petitioners peaceful possession and enjoyment in the house property situated at
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Nerkundram village, Uthiramerur Taluk Kancheepuram District comprised in
comprised in New survey No.178/17,Old Survey No.98.
For Petitioner(s): Mr.M.Sridhar
For Respondent(s): Mr.D.Ravichander,SGP
For R1 to R4
R5- PVt
Order
This writ petition has been filed, challenging the impugned order dated
28.07.2025 passed by the second respondent, rejecting the petitioner’s request
for cancellation of the patta for the subject property, morefully disclosed in the
prayer to this writ petition, which is now standing in the name of the temple on
the ground that a civil suit in O.S. No.153 of 2025 on the file of the Sub Court,
Kanchipuram is pending.
2.Mr.D.Ravichander, learned Special Government Pleader accepts notice
on behalf of R1 to 4. Since no adverse order is being passed against the fifth
respondent, notice to the fifth respondent is dispensed with by this Court.
3.Admittedly, the patta for the subject property now stands in the name of
the temple. The petitioner seeks for cancellation of the same which has been
rejected under the impugned order. Admittedly, a civil suit filed by another
villager, who also seeks for cancellation of the very same patta, has already
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filed a civil suit in O.S. No.153 of 2025 on the file of the Sub Court,
Kanchipuram. The said civil suit was filed for declaration that one A.Sathyaraj,
the other villager, is the owner of the property.
4.Instead of seeking redressal of the grievance before the Civil Court, the
petitioner has approached this Court challenging the impugned order. This
Court does not find any infirmity in the impugned order since the second
respondent has correctly observed in the impugned order that a civil suit is
pending, which has been filed by another person who also seeks for the very
same relief as prayed for by the petitioner, namely, cancellation of the patta
standing in the name of the temple.
5.There are several disputed questions of fact involved which relate to the
title of the property and therefore, the second respondent cannot adjudicate the
same and only the Civil Court can adjudicate the same. Since no relief can be
granted by this Court in this writ petition as the relief sought for by the
petitioner can be adjudicated only by the Civil Court, this Court is not
entertaining this writ petition.
6.For the foregoing reasons, this writ petition is disposed of by granting
liberty to the petitioner to approach the Civil Court to prove that she is the
absolute owner of the property, morefully disclosed in the prayer to this petition
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and she is entitled for cancellation of the patta standing in the name of the
temple by making the temple as a party defendant in the said civil suit.
Consequently, connected WMP is closed. No costs.
12-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VGA
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To
1. The District collector
Collectorate,
Kancheepuram -631501
2. The Sub collector
Collectorate,
Kancheepuram-631 501
3. The Tahsildar
Uthiramerur Taluk office
Taluk office campus
Kancheepuram District -603107
4. The Village Administrative officer
No.78, Nerkundram village
Kancheepuram District
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ABDUL QUDDHOSE J.
VGA
AND
WMP NO. 9597 OF 2026
12-03-2026
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