Kanimozhi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.8427 of 2025 Kanimozhi ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, Dharmapuri District, Dharmapuri.

3.The Revenue District Officer, Harur Division, Dharmapuri.

4.The Tahsildar, Harur Taluk, 5.The Inspector of Police, Kottapatti Police Station, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4th Respondent to take steps to 1/6

measure and demarcate the property being all that piece and parcel of land in bair Nayakkanpatti Village, Harur Taluk, Dharmapuri District comprised in Survey No.459/1, 452/2 and 459/2A to an extent of 1.73.0 Hectare/1.32.5 Hectare in Application No.2024/ 0123/ 05/ 006663 dated 23.10.2024 and also Application No.2024/ 0123 /05/ 007234 dated 20.11.2024 to put the fencing the property with the aid of the 5th respondent within a time frame fixed by this Court. For Petitioner : Ms.T.Kowsalya for Mr.G.Selvaraj For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R4 Mr.V.J.Priyadarsana Government Advocate for R5

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 4th respondent to act upon the online applications submitted by the petitioner on 23.10.2024 and 20.11.2024 and to survey the subject property and mark the boundaries in order to enable the petitioner to fence the property. 2.Heard Ms.T.Kowsalya, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on 2/6

behalf of respondents 1 to 4 and Mr.V.J.Priyadarsana, learned Government Advocate appearing on behalf of the 5th respondent. 3.The petitioner is claiming right and title over the subject property by virtue of a registered Sale Deed dated 30.09.2024 which was executed in favour of the petitioner's husband. The patta also stood in his name. The online applications were submitted for survey of the subject property and for fixing the boundaries. Since the same was not acted upon, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 4th respondent to act upon the applications submitted by the petitioner on 23.10.2024 and 20.11.2024 and conduct the survey in the subject property in line with the title deed and the patta that stands in the name of the petitioner's husband. This process shall be completed, within a period of four weeks from the date of receipt of copy of this order. If there are any rival claims, such survey shall be conducted in their presence.

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5.This writ petition is disposed of with the above directions. No Costs. 13.03.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The District Collector, 2.The District Revenue Officer, Dharmapuri District, Dharmapuri.

3.The Revenue District Officer, Harur Division, Dharmapuri.

4.The Tahsildar, Harur Taluk, 5.The Inspector of Police, 4/6

Kottapatti Police Station, 5/6

N. ANAND VENKATESH, J.

ssr W.P.No.8427 of 2025 13.03.2025 6/6