Chitra v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Chitra ... Petitioner Vs.

The Tahsildar, Taluk Office, Palani, Dindigul District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to grant permission to use Earthmover to level the land situated in S.No. 441/2C measuring 35.90 Acres in Periammapatti Village, Palani Taluk, Dindigul District.

For Petitioner : Mr.N.Mohan For Respondent : Mr.M.Lingadurai Special Government Pleader 1/4

ORDER

Heard both sides.

2.All that the petitioner wants is to deploy an earth mover to level the petition mentioned land.

3.It is not in dispute that the petition mentioned land is a patta land belonging to the petitioner and her mother. The petitioner alleges that the respondent is preventing the petitioner from levelling. The respondent cannot interfere with the petitioner's right to level the petition petitioned patta land. But if the petitioner wants to transport the mineral from one place to another, then, obviously permission has to be obtained. As long as the petitioner does not intend to transport the mineral, she cannot be prevented from levelling the land, regardless of the method adopted. 4.The learned counsel for the petitioner informs the Court that there is no rival claim and that the petitioner as well as her mother are on the same page and there is no objection from any co-pattadhar to level 2/4

the said land. This submission made by the writ petitioner on instructions is placed on record.

5.The writ petition is allowed accordingly. There shall be no order as to costs.

03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To The Tahsildar, Taluk Office, Palani, Dindigul District.

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G.R.SWAMINATHAN, J.

MGA 03.09.2025 4/4