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Madras High CourtWP/4181/2026allowed

Malayan v. The Director General

2026-02-12Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

1. Malayan S/o. Sathikar Andi, No.14 Athanavoor village and post, Tirupattur district 635 853

2. Andi S/o. Sathikar Andi, Athanavoor village and post, Tirupattur district 635 853

3. Kutti S/o. Sathikar Andi, Athanavoor village and post, Tirupattur district 635 853 ..Petitioner(s) Vs

1. The Director General Tamil Nadu Highways Department, Integrated Chief Engineers complex, No. 76 Sardar Patel Road, Guindy, Chennai 25

2. The divisional Engineer State Highways Department, Tirupathur, Tirupathur District 635 601

3. President Athanavoor Village and Panchayat, Tirupattur District 635 853 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st and 2nd respondents to consider the representation of the petitioners dated 12.12.2025. For Petitioner(s):

Mr.D. Balachandran For Respondent(s):

Mr.Yogesh Kannadasan, SGP for R.1 and R.2

ORDER

This Writ Petition has been filed for the following reliefs:- "directing the 1st and 2nd respondents to consider the representation of the petitioners dated 12.12.2025."

Brief Facts:-

2. The petitioners' case is that their father, Mr. Sathikar Andi, was the absolute owner of the lands comprised in S.F. No. 26, Athanavoor Village Panchayat, Yelagiri Hills, Tirupattur District, measuring an extent of about 3.25 acres. After the death of their father, the petitioners, being the legal heirs of the deceased Mr. Sathikar Andi, became the absolute owners of the said property.

3. The petitioners' would further state that, in the year 1980, the Village Panchayat, without obtaining the consent of their father and without any supporting records, took over a portion of the land comprised in S.F.No.6/1A1A and laid a road measuring about 42 feet in width, utilizing approximately 60 cents of their land. Now, the 2nd respondent is attempting to further extend the said road and has marked additional portions of the petitioners' land for that purpose. As the petitioners' lands have been notified for extension of the road, they contend that they are entitled to adequate compensation.

4. Therefore, the petitioners had submitted a detailed representation dated 12.12.2025 to the respondents, requesting the respondents to take appropriate action by verifying the revenue records and to initiate proceedings under the prevailing land acquisition laws for the grant of appropriate compensation for the utilization of the petitioners' lands. However, to date, the said representation has not been considered. Hence, the present Writ Petition.

5. Heard the learned counsel on either side.

6. Considering the limited relief sought for by the petitioners and taking note of the fact that the petitioners' representation dated 12.12.2025 has not been considered to date, the Writ Petition is allowed. The respondents are directed to consider and pass appropriate orders on the petitioners' representation dated 12.12.2025, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. 12-02-2026 Index: Yes/No Speaking/Non-speaking order SHR To

1. The Director General Tamil Nadu Highways Department, Integrated Chief Engineers complex, No. 76 Sardar Patel Road, Guindy, Chennai 25

2. The divisional Engineer State Highways Department, Tirupathur, Tirupathur District 635 601

3. President Athanavoor Village and Panchayat, Tirupattur District 635 853

P.T.ASHA J.

SHR 12-02-2026 (1/2)