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2026 Supreme(Online)(Mad) 28256

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
V.Thangamariyappan – Appellant
Versus
The District Collector – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-03-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Thangamariyappans ... Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The District Aadhi Diravidar and Tribal Welfare Officer, Collectorate Complex, Thoothukudi, Thoothukudi District.

3. The Revenue Tahsildar, Ottapidaram Taluk Office, Thoothukudi District. 4. The Sub Registrar, Thoothukudi Keelur Sub Registration Office, Thoothukudi. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS to direct the 1st Respondent to cancel the gift deed as document No.2640 of 1998 24.11.1998 based on dated the petitioner representation dated 23.02.2026 within the time limit that may be stipulated by this Honble Court in the circumstances of the case and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.M.Lingadurai Special Government Pleader ORDER The writ petition is filed for a mandamus to direct the 1st respondent to cancel the gift deed in Document No.2640 of 1998 dated

24.11.1998 based on the petitioner's representation dated 23.02.2026.

2. Heard Mr.V.Thangamariyappan, learned counsel for petitioner and Mr.M.lingadurai, learned Specigal Government Pleader, who takes notice for the respondents.

3. By consent, the writ petition is taken up for final disposal at the admission stage itself.

4. Upon hearing the learned counsel for the petitioner and perusing the material record of the case, it can be seen that the petitioner is contending that the property in question is an ancestral property and his father had without any title whatsoever gifted the property in favor of the Adi Dravidar Welfare Department. However, the petitioner is only in possession and enjoyment of the property. Therefore, the petitioner has made the present writ petition to cancel the gift deed dated 24.11.1998.

5. Per Contra, the Learned Special Government Pleader for the respondents would submit that the petitioner's father being a good samaritan, donated the land for the purpose of providing house sites to the poor and downtrodden Adi Dravida people. The gift was accepted by the Department and revenue records were mutated and thereafter, pattas were also granted to the landless Adi Dravida people and they are only in possession and enjoyment of the property.

6. I have considered the rival submissions made on either side and perused the material records of the case.

7. If it is the contention of the petitioner that he would still have title and then he has to approach the competent Civil Court to challenge the gift deed in the manner known to law, if it is permissible at this point of time.

8. In view thereof, the writ petition is disposed of keeping open the liberty to the petitioner to approach the Civil Court, if he is so advised.

No costs.

06.03.2026 Index: Yes Speaking Order: Yes Neutral Citation: No rgm To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The District Aadhi Diravidar and Tribal Welfare Officer, Collectorate Complex, Thoothukudi, Thoothukudi District.

3. The Revenue Tahsildar, Ottapidaram Taluk Office, Thoothukudi District. 4. The Sub Registrar, Thoothukudi Keelur Sub Registration Office, Thoothukudi.

D.BHARATHA CHAKRAVARTHY, J.

rgm

06.03.2026

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