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Madras High CourtWP/11690/2026disposed of with direction

T.Mothi v. The District Collector Of Chennai

2026-03-27Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI T.Mothi D/o Late Thiru. B.N. Chidambaram, A block, 6th Floor, A3, Ganga ishana Apartment, 200Feet Road, jayaram Gardens, Kolathur, Chennai 600 099 ..Petitioner(s) Vs

1. The District Collector of Chennai 62, Rajaji Salai, fourth Floor, Chennai 600 001

2. The Tahsildar, Guindy Taluk, Chennai

3. The Tahsildar, Mambalam Taluk, Chennai ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents, to consider the petitioner's representation dated 10.03.2026 to directing the 1st, 2nd and 3rd respondents to immediately execute the Revenue Recovery order dated 30.04.2019 by attaching and selling the defaulters properties to satisfy the outstanding arrears and thereby remit the proceeds to consent court to satisfy the outstanding arrears and alimony at present.

For Petitioner(s):

Mr.K.Edin Ashwald For Respondent(s):

Mr.R.Murthi, GA

ORDER

This Writ Petition has been filed seeking a direction to the respondents, to consider the petitioner's representation dated 10.03.2026 and to direct the respondents to immediately execute the Revenue Recovery Order dated 30.04.2019 by attaching and selling the defaulters properties to satisfy the outstanding arrears and thereby remit the proceeds to the concerned Court to satisfy the outstanding arrears and alimony at present.

2. Heard the learned counsel appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. It is the case of the petitioner that she was married to one S.Tilak Prasad at the tender age of 13 years i.e., on 29.05.1981 and out of the said wedlock, she was blessed with two children. On 20.08.2013, the I Additional Family Court, Chennai dissolved their marriage due to the failure of her husband to maintain the petitioner and her children and the V Additional Family Court on 11.12.2017, directed the respondent husband to pay Rs.3 Crores as permanent alimony to the petitioner and the maintenance was enhanced to Rs.1

lakh per month and as of March 2026, the outstanding maintenance was Rs.1,46,52,000/- and unpaid alimony was Rs.2,95,01,456/-. Due to non compliance of the above, the IV Additional Principal Judge issued a warrant in M.P.No.43/2019 authorizing the District Collector, Chennai to attach and sell the defaulter's properties for which the District Collector issued a Revenue Recovery Order on 30.04.2019 directing the Tahsildars of Guindy and Mambalam to invoke the Tamil Nadu Revenue Recovery Act, 1864 which was not duly executed by the officials concerned for nearly seven years paving way to the defaulter to alienate his assets. In this regard, the petitioner made a representation on 10.03.2026 for execution of the District Collector's Revenue Recovery Order dated 30.04.2019, however no response and hence the present Writ Petition.

4. The learned counsel for the petitioner submitted that the petitioner even after obtaining both the judicial and executive orders in her favour, the said orders were not executed by the respondents and she is suffering with her 40 years unmarried son for her livelihood. He further submitted that it would be suffice to issue a direction to the respondents to execute the Revenue Recovery Act of the District Collector, Chennai, within a reasonable time.

5. Considering the facts and circumstances of the case and also taking note of the submissions of the learned counsel for the petitioner, this Court

directs the respondents herein to implement their own order i.e., Revenue Recovery Order passed by the District Collector, Chennai dated 30.04.2019, after providing an opportunity of hearing to the defaulter, within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

27-03-2026 Index: Yes/No Speaking/Non-speaking order DP To

1. The District Collector of Chennai 62, Rajaji Salai, fourth Floor, Chennai 600 001

2. The Tahsildar, Guindy Taluk, Chennai

3. The Tahsildar, Mambalam Taluk, Chennai

M.DHANDAPANI, J.

DP 27-03-2026