Sangeetha Vs The District Collector

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorari, calling for the records of the first respondent dated 08.02.2016 in Na.Ka.No.19829/2007/H3 and quash the same and as well as consequential order passed by the fourth respondent dated 22.07.2016 in Na.Ka.No.915/A5/2014 to quash the same made therein.

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https://www.mhc.tn.gov.in/judis

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W.P.No.11276 of 2019 For Petitioner : Mr.G.M.Anantha Kumar

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For Respondents : Mr.C.Jayaprakash Government Advocate

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ORDER

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This Writ Petition has been filed challenging the order dated 08.02.2016 passed by the first respondent, thereby transferring the subject land in favour of the Public Health Department for the purpose of constructing a Primary Health Center.

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2.Heard the learned counsel appearing on either side and

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perused the materials available on record.

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3.The petitioner claims to be the owner of the property comprised in Survey No.36/1A2A, New Survey No.370/33 to an extent of 4253 sq.ft., which was sold out to her mother-in-law by a registered sale deed dated 16.07.2014 vide document No.4476 of 2014. The said land is classified as Grama Natham and the petitioner is in possession and enjoyment of the property. However, without issuing any notice and without the knowledge of the petitioner, the respondents transferred the said property, along with other properties, in favour of the Health Department for construction of a Primary Health Center.

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https://www.mhc.tn.gov.in/judis

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W.P.No.11276 of 2019 4.A perusal of the counter affidavit filed by the third

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respondent and also the submission made by the learned Government Advocate reveals that the first respondent allotted the land to an extent of

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0.05.28 hectares comprised in Survey No.370/33, situated at Mathagondapalli Village, Hosur, Krishnagiri District, for construction of a Primary Health Center and transferred the said land in favour of the Public Health Department. Thereafter, the Primary Health Center was constructed and is now functioning in the subject land.

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5.Though the petitioner has claimed ownership over the said land, the material placed on record indicate that the land is classified as Grama Natham and was lying vacant. There is absolutely no proof to show that any house was constructed in the property or that the petitioner was residing therein. The said land was lying ideal and waste for the past several years and is classified as Grama Natham.

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6.In view of the above, the writ petition is devoid of merits

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and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. However, at the most, the petitioner is entitled for compensation if she proves before the Civil Court that she constructed a

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house and that the same was demolished illegally, without issuing any Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.11276 of 2019 notice. Consequently, connected miscellaneous petitions are closed. No

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costs.

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09.10.2025

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Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To

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1.The District Collector, Krishnagiri District.

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2.The Revenue Divisional Officer, Hosur, Krishnagiri District. 3.The Tahsildar, Denkanikottai Taluk, Krishnagiri District. 4.The Deputy Director, Health Services Department, Krishnagiri District.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.11276 of 2019 G.K.ILANTHIRAIYAN. J,

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Lpp

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W.P.No.11276 of 2019

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09.10.2025