S.Shanthi v. The District Collector

ORDER This writ petition is filed to direct the second respondent to consider the petitioner's representation dated 5.11.2022 and confirm the order of Assignment Page2 of 4 and layout sketch dated 22.04.1996 issued by the Special Tahsildar (Adi Dravida Welfare) Thirupathur Taluk, Vellore district in favour of her husband to put the petitioner in effective possession and enjoyment of the plot bearing No. 34 Kathirimangalam Madura, Jothimangalam Village, Tirupathur Taluk.

¶2Learned counsel for the petitioner would submit that the plot No.34, Kathiramangalam Madura, Jothimangalam Village, comprised in S.No.198/1, measuring an extent of 1 1/2 cents i.e., 654 sq.ft., was allotted in favour of petitioner's husband vide Allotment Order dated 22.04.1996, who settled the same in favour of petitioner vide settlement deed dated 31.10.2017. This being the case, the third respondent, who is residing adjacent to the petitioner's plot is disturbing the possession of the petitioner. Hence, the petitioner made a representation dated 05.11.2022 before the second respondent to confirm the Order of Assignment and layout sketch dated 22.04.1996 issued by the Special Tahsildar [Adi Dravida Welfare] Tiruppathur Taluk, Vellore District in favour petitioner's husband, to put the petitioner in effective possession and enjoyment of the aforesaid plot. However, the said representation was not considered, as on date. Hence, this writ petition.

¶3Learned Government Advocate appearing for the respondents would submit that the petitioner has to approach the Civil Court to prove her title. Page3 of 4

¶4Heard the learned counsel on either side and perused the materials available on records.

¶5As rightly contended by the learned Government Advocate appearing for the respondents, there is a clear title dispute between the parties. Therefore, the appropriate remedy for the petitioner is to seek an injunction from the Civil Court. Accordingly, this writ petition stands disposed of. The petitioner is at liberty to file for an injunction in Civil Court and pursue all available legal remedies. No costs. 02-04-2026 Index: Yes/No Speaking/Non-speaking order VM To:

¶1The District Collector, Tirupathur District.

¶2The Tahsildar, Tirupathur Taluk, Tirupathur District. WPoNo.o3367oofo2023 KRISHNANoRAMASAMY,oJ. VM WPoNo.o3367oofo2023 02-04-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY S.Shanthi ..Petitioner(s) Vs 1. The District Collector, Tirupathur District. 2. The Tahsildar, Thirupathur Taluk, Thirupathur District. 3. C.Jeganathan ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 5.11.2022 and confirm the order of Assignment and layout sketch dated 22.04.1996 issued by the Special Tahsildar (Adi Dravida Welfare) Thirupathur Taluk, Vellore district in favour of her husband to put the petitioner in effective possession and enjoyment of the plot bearing No. 34 Kathirimangalam Madura, Jothimangalam Village, Tirupathur Taluk. For Petitioner(s): M/s.D.Sagunthala For Respondent(s): Mr.C.Gowthamaraj, GA for R1 & 2 Ms.Vanaja Josephine for Ms.Sudha Ramalingam for R3