Usharani v. The District Collector

Order The petitioner has filed the writ petition to direct the respondents to consider the petitioner's representation dated 08.10.2025 and take immediate action to execute the warrant of delivery of possession of the petitioners' property.

¶2The contention of the petitioners is that they are the absolute owners of an extent of 2.15 acres in S.F.No.211, Sullipalayam Village, Paramathy Velur Taluk, Namakkal District. During the Updation of Digital Records (UDR) Scheme, the Suit Schedule property was erroneously classified as Poramboke land. Therefore, the petitioners have filed O.S.No.1 of 1998 before the District Munsif Court, Paramathi, seeking declaration of title. The Advocate Commissioner's report also confirmed the petitioner's possession and cultivation. The decree was obtained in favour of the petitioners, which had attained finality upon dismissal of the Second Appeal. The petitioners had initiated execution proceedings in E.P.NO.22 of 2010. Since no action was taken to deliver the possession of the property to the petitioners, they have sent a representation dated 08.10.2025, which has also remained unattended. Hence, the petitioners are before this Court. Page3 of 5

¶3The learned counsel for the petitioners submitted that despite initiation of execution proceedings, dismissal of obstruction petitions filed by encroachers, the petitioners have been deprived of possession due to inaction on the part of the respondents.

¶4Heard both sides and also perused the materials available on record.

¶5Though several grounds have been raised by the petitioners, this writ petition is not maintainable in as much as the petitioners are seeking to execute the decree issued by a Civil Court by invoking the provision of Article 226 of the Constitution of India. Admittedly the petitioner has initiated Execution Proceedings in REP.No.22/2010. Further it is also brought to the notice of this Court that the obstruction petitions have been filed, which also have been dismissed by the Court below. In such a case, the learned District Munsif, Paramathy, shall pass appropriate order, directing the delivery of possession to the petitioners. The respondents herein shall provide all the necessary assistance for ensuring the execution of the decree. The jurisdictional police shall also give necessary police protection to the amin or bailiff, while executing warrants. Page4 of 5

¶6This Writ Petition is dismissed with the above observations. No costs. Consequently connected miscellaneous petition is closed. 19-02-2026 Index: Yes/No Speaking/Non-speaking order sk To

¶1The District Collector Namakkal District at Ermapuram Post Namakkal Taluk.

¶2District Revenue Officer Namakkal at Ermapuram Post Namakkal Taluk

¶3Revenue Divisional Officer Tiruchengode at Tiruchengode Town.

¶4Tahsildar Paramathi Velur Taluk at Padamudipalayam Velur Post Paramathi Velur Taluk. WPoNo.o5953oofo2026 P.T.ASHAoJ. sk WPoNo.o5953oofo2026 AND WMPoNO.o6481oOFo2026 19-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 6481 OF 2026 1. Usharani 2. Nalina 3. Poornachandrika ..Petitioner(s) Vs 1. The District Collector Namakkal District at Ermapuram Post Namakkal Taluk. 2. District Revenue Officer Namakkal at Ermapuram Post Namakkal Taluk 3. Revenue Divisional Officer Tiruchengode at Tiruchengode Town. 4. Tahsildar Paramathi Velur Taluk at Padamudipalayam Velur Post Paramathi Velur Taluk. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India for a writ of Mandamus directing the respondents to consider the petitioners representation dated 08.10.2025 and take immediate action to execute the warrant of delivery of possession of the property of the petitioners comprising 2.15 Acres in S.No.211 of Sullipalayam Village, Namakkal District as directed by the Learned District Munsif Court, Paramathy by order dated 14.02.2019 passed in REA No.50 of 2012 in REP.No.22/2010 as well by order dated 21.06.2025 in REP.No.22/2010 in O.S.No. 1/1998. Page2 of 5 For Petitioner(s): Mr.Manojkumar N For Respondent(s): Mr.V.Jeevagiridharan, Additional Government Pleader