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2026 DAILYLAW 61874 (MAD)

Alamelu @ P.Visalakshi v. The District Collector

WP(MD)/22605/2026 · 2026-08-07

C Saravanan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD)No.22605 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.08.2026 CORAM THE HONOURABLE MR. JUSTICE C.SARAVANAN WP(MD)No.22605 of 2026 and WMP(MD)No.16861 of 2026 Alamelu @ P.Visalakshi ... Petitioner Vs. 1. The District Collector, Collectorate of Chennai, Singaravelar Maaligai, 4th Floor, 62, Rajaji Salai, George Town, Chennai 600 001. 2. The Tahsildar, Perambur Taluk Office, No.3, Perambur High Road, Perambur, Chennai-600 011. 3. The Tahsildar, Ayanavaram Taluk Office, 18/31, Palli Arasan Street, Aspiran garden colony, Anna Nagar East, Chennai-600 102. 4. Singaram Periyakaruppan 5. Keerthiq varun ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing Respondent No.1 and Respondent No.2 to execute the Warrant for Page No.1 of 7 https://www.mhc.tn.gov.in/judis WP(MD)No.22605 of 2026 Recovery of Fine dated 01.08.2024 issued by the Family Court, Thanjavur, by attaching the immovable property bearing E.W.S Plot No.1508, Door No.34, 11th West Cross Street, M.K.B.Nagar, Chennai 600039 (Survey No. 769/6, Perambur Village) standing in the name of Respondent No.5 by exercising powers under Section 16 of the Tamil Nadu Revenue Recovery Act, 1864 and Standing Order S.O.43 of the Board of Revenue, in the light of the petitioner's representation dated 09.06.2026 within a time-bound period as fixed by this Court, and directing Respondent No.1 and Respondent No.3 to simultaneously execute the said Warrant by attaching the movable property of Respondent No.4 at GKM Colony, Chennai. For Petitioner : Mr.P.R.Sethu For R1 to R3 : Mr.S.Vashik Ali Additional Government Pleader ORDER The writ petition is disposed of at the time of admission after hearing the learned Additional Government Pleader appearing for the official respondents. Notice to the private respondents is dispensed with. 2. This writ petition has been filed for the following relief: ''To issue a Writ of Mandamus, directing Respondent No.1 and Respondent No.2 to execute the Warrant for Recovery of Fine dated 01.08.2024 issued by the Family Court, Thanjavur, by attaching the immovable property bearing E.W.S Plot No.1508, Door No.34, 11th West Cross Page No.2 of 7 https://www.mhc.tn.gov.in/judis WP(MD)No.22605 of 2026 Street, M.K.B.Nagar, Chennai 600039 (Survey No.769/6, Perambur Village) standing in the name of Respondent No. 5 by exercising powers under Section 16 of the Tamil Nadu Revenue Recovery Act, 1864 and Standing Order S.O.43 of the Board of Revenue, in the light of the petitioner's representation dated 09.06.2026 within a time-bound period as fixed by this Court, and directing Respondent No.1 and Respondent No.3 to simultaneously execute the said Warrant by attaching the movable property of Respondent No.4 at GKM Colony, Chennai.'' 3. It is noticed that the petitioner and the 4th respondent are estranged husband and wife and that the 5th respondent is son of the 4th respondent through the second wife, the petitioner being the first wife. The petitioner had moved M.C.No.34/2019 before the Family Court, Thanjavur and an order came to be passed on 01.04.2021, ordering maintenance to the petitioner directing the 4th respondent to pay a sum of Rs.50,000/- per month. It appears that the 4th respondent has, however, failed to comply with the order of the Family Court in M.C.No.34/2019 filed under Section 125 of the Criminal Procedure Code. In this background, the petitioner had also moved CMP.No.46/2024 and that on 01.08.2024, a warrant for recovery of the amounts due has also been issued. Pursuant to the aforesaid order of the Family Court, the 1st respondent has also instructed Page No.3 of 7 https://www.mhc.tn.gov.in/judis WP(MD)No.22605 of 2026 the 2nd and 3rd respondents to realise the amounts due to the petitioner from the 4th respondent and to pay the same to the petitioner. It is noticed that in the communication in Ref.No.G1/e-2375039/2024, dated 30.09.2024, the 1st respondent has directed the 2nd and 3rd respondents to take further action. It is submitted that despite the aforesaid communication of the 1st respondent, no steps have been taken. It is not clear whether against the order passed in Cr.M.P.No.46/2024 in M.C.No.34/2019 dated 01/08/2024, the 4th respondent has taken any steps to set aside the same the manner known to law. 4. At this stage, it is stated that against the order in CMP.No.46/2024 in M.C.No.34/2019 dated 01/08/2024, the 4th respondent had also moved another miscellaneous petition in CMP.No.24/2025, wherein, a conditional order dated 06.12.2025 was passed for lifting the warrant subject to the 4th respondent depositing Rs.10,00,000/- to the credit of the above case. However, this order also appears to have not been complied with. Against the said order dated 06.12.2025, the 3rd respondent has filed CRL.RC(MD)No.127 of 2026 which has been dismissed on 06.04.2026. It is also noticed that a non bailable warrant has been directed to be issued by the Family Court, Thanjavur on 02.07.2026. Learned counsel for the Page No.4 of 7 https://www.mhc.tn.gov.in/judis WP(MD)No.22605 of 2026 petitioner submits that he is not aware as to whether any further proceedings have been initiated by the 4th respondent to challenge the order dated 06.12.2025 in CMP.No.24/2025 in CMP.No.46/2024 in M.C.No. 34/2019. 5. Be that as it may, the official respondents are directed to implement the order passed in Cr.M.P.No.46/2024 in M.C.No.34/2019 dated 01/08/2024, if the said order has not been set aside or stayed in the manner known to law. Needless to state before proceeding further, due notice shall be issued to the respondents 4 and 5. Such an exercise shall be completed within a period of 30 days from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 07.08.2026 Index : Yes / No Neutral Citation : Yes / No bala Page No.5 of 7 https://www.mhc.tn.gov.in/judis WP(MD)No.22605 of 2026 To 1. The District Collector, Collectorate of Chennai, Singaravelar Maaligai, 4th Floor, 62, Rajaji Salai, George Town, Chennai 600 001. 2. The Tahsildar, Perambur Taluk Office, No.3, Perambur High Road, Perambur, Chennai-600 011. 3. The Tahsildar, Ayanavaram Taluk Office, 18/31, Palli Arasan Street, Aspiran garden colony, Anna Nagar East, Chennai-600 102. Page No.6 of 7 https://www.mhc.tn.gov.in/judis WP(MD)No.22605 of 2026 C. SARAVANAN , J. bala ORDER MADE IN W.P(MD)No.22605 of 2026 DATED : 07.08.2026 Page No.7 of 7 https://www.mhc.tn.gov.in/judis