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Kanimozhi v. the District Collector

Madras HC13 Mar 2025WP/8427/2025

Case brief

AI extract

What is this about?

Writ of mandamus; Article 226; survey and demarcation of land; boundary fixation; online survey applications 23.10.2024 and 20.11.2024; Application No.2024/0123/05/006663 and No.2024/0123/05/007234; Bair Nayakkanpatti Village; Harur Taluk; Dharmapuri District; Survey Nos.459/1, 452/2, 459/2A; registered Sale Deed 30.09.2024; patta in husband's name; Tahsildar; four-week timeline; rival claims; fencing with police aid; disposed with directions; no costs.

What did the court decide?

Writ of mandamus effectively granted: 4th respondent directed to act on the online applications dated 23.10.2024 and 20.11.2024, survey the subject property in line with the title deed and patta in the petitioner's husband's name, complete within four weeks, and conduct the survey in the presence of rival claimants if any; petition disposed of with no costs.

Kanimozhi Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 4th respondent (Tahsildar, Harur Taluk) must act upon the petitioner's online applications dated 23.10.2024 and 20.11.2024 and conduct a survey demarcating the subject property so as to enable the petitioner to fence it.

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Court's answer

A direction is issued to the 4th respondent to act upon the petitioner's applications dated 23.10.2024 and 20.11.2024 and conduct the survey of the subject property.

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Ratio / Principle

The survey is to be conducted in line with the title deed and the patta standing in the name of the petitioner's husband.

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Key takeaways

The survey process shall be completed within four weeks from receipt of a copy of the order.ratio¶32
If there are rival claims, the survey shall be conducted in the presence of the rival claimants.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), W.P.No.8427 of 2025, decided 13.03.2025: Kanimozhi petitioned under Article 226 for a writ of mandamus directing the Tahsildar, Harur Taluk (4th respondent) to act on her online applications dated 23.10.2024 and 20.11.2024 for survey and boundary demarcation of land in Survey Nos.459/1, 452/2 and 459/2A, Bair Nayakkanpatti Village, held by registered Sale Deed dated 30.09.2024 and patta in her husband's name, so she could fence the property with police aid. The Court directed the 4th respondent to act on the applications and conduct the survey in line with the title deed and patta, completing the process within four weeks, and in the presence of rival claimants if any; the writ petition was disposed of with the above directions, no costs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.03.2025

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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W.P.No.8427 of 2025

Kanimozhi

... Petitioner

Vs.

1.The District Collector, Dharmapuri District.

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

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

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4.The Tahsildar, Harur Taluk, Dharmapuri District.

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5.The Inspector of Police, Kottapatti Police Station, Dharmapuri District. ... Respondents

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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

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

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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.

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For Petitioner : Ms.T.Kowsalya

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for Mr.G.Selvaraj

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For Respondents : Mr.A.Selvendran

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Special Government Pleader

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for R1 to R4

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Mr.V.J.Priyadarsana Government Advocate for R5

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O R D E R

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This writ petition has been filed for issue of writ of mandamus directing the

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4^th 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.

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2.Heard Ms.T.Kowsalya, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on

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

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behalf of respondents 1 to 4 and Mr.V.J.Priyadarsana, learned Government Advocate appearing on behalf of the 5^th respondent.

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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.

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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 4^th 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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https://www.mhc.tn.gov.in/judis

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5.This writ petition is disposed of with the above directions. No Costs.

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13.03.2025

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Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr

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