← Library
Madras High CourtWP/22861/2018dismissed

G.Saraswathi, v. The District Collector,

2023-06-20Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Writ Petition No. 22861 0f 2018 G. Saraswathi ...

Petitioner Vs.

1.The District Collector Dharmapuri Dharmapuri District

2. The Revenue Divisional Officer Dharmapuri Dharmapuri District

3. The Tahsildar Dharmapuri Dharmapuri District

4. P. Murugesan ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to pass a Writ of Mandamus, to direct the 2nd respondent to conduct the proper enquiry on the basis of the petitioner representation to the respondents on 20.03.2018 and consider the same.

Page No.1 of 4

For petitioner : Mr.M.Senthamizh Selvan For respondents : Mr.P.Anandakumar Govt. Advocate

ORDER

This writ petition has been filed, seeking for a direction to the 2nd respondent, to conduct proper enquiry on the basis of the petitioner's representation dated 20.03.2018.

2.It is the case of the petitioner that her husband owns the family property at Naththa Alli Village, Nallampalli Taluk, Dharmapuri District as SF No.697, 697/57. After the demise of her husband, her brother-in-law, the 4th respondent herein created a forged document and got the UDR Patta No.354 in favour of him. Likewise, the property in SF No.21B, 22D, 22H, Patta No.1736/49 21A, 21C and Patta No.790/49 at Nallampalli Taluk was also encroached by the 4th respondent. Therefore, the petitioner sent her representation to the respondents 1 to 3, to take action against the 4th respondent. Since no response from the respondents, she filed the present Writ Petition.

Page No.2 of 4

3.On perusal of records it is seen that the issue involved in this Writ Petition is relating to adjudication of title over the property and the same can be adjudicated only by a competent Civil Forum.

4. Therefore, the Writ Petition is dismissed. No costs. However, it is open to the petitioner to workout her remedy before the competent Civil Forum in accordance with law. 20.06.2023 Index :Yes/No Internet:Yes/No Speaking order/Non-speaking order Jer To 1.The District Collector Dharmapuri Dharmapuri District

2. The Revenue Divisional Officer Dharmapuri Dharmapuri District

3. The Tahsildar Dharmapuri Dharmapuri District Page No.3 of 4

J.NISHA BANU, J., Jer ORDER MADE IN 20.06.2023 Page No.4 of 4