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Madras High CourtWP/6998/2024disposed of

Mr.M.Pasupathi, v. The District Collector,

2026-03-06Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No. 7806 of 2024 Mr.M.Pasupathi ..Petitioner(s) Vs

1. The District Collector, Dharmapuri District, Dharmapuri -636705.

2. Assistant Director of Town Panchayats, Harur Taluk, Dharmapuri District -636705.

3. Executive Officer, Harur Town Panchayat, Harur.

4. The Tahsildar, Harur Taluk, Dharmapuri District.

(R4-suo motu impleaded as per order dated 22.03.2024 n WP.6998/2024 By PDAJ) ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents, its men, contractors or subordinates to construct drainage canal in petitioner patta land comprised in Survey No.157/1A situated at Harur Village, Taluk and Dharmapuri District.

For Petitioner(s) :

Mr.P.Muthusamy For Respondent(s) :

Mr.P.Anandakumar, AGP for R1 to 4 Mr.M.S.Arasakumar, GA for R2 & 3

ORDER

This writ petition has been filed to forbear the respondents, its men, contractors or subordinates to construct drainage canal in petitioner patta land comprised in Survey No.157/1A situated at Harur Village, Taluk and Dharmapuri District.

2. Learned counsel for the petitioner would submit that the property situated in S.No.157/1A, Harur Village and Taluk, Dharmapuri belongs to petitioner, wherein the respondents proposed to construct a drainage canal. Therefore, the petitioner has sent a representation dated 26.04.2024 to stop the said construction and adopt a legal procedure to acquire the same, in the event the respondents needs the subject land for construction of canal. However, the said representation was not considered, as on date. Hence, the petitioner has come forward with the present writ petition.

3. Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the respondents have temporarily stopped the construction of drainage canal. He would further submit that if the said land belongs to petitioner, then they will not proceed with the construction without following the due process of law.

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

5. In view of the fair submission made by the learned Additional Government Pleader appearing for the respondents 1 to 4, this Court directs the respondents to measure the said property and verify whether the land belongs to the petitioner. In the event, the subject land belongs to the petitioner, then the respondents are directed to follow the due process of law for acquiring the said property and thereafter proceed with a construction of drainage canal. With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06-03-2026 Index: Yes/No Speaking/Non-speaking order VM

KRISHNAN RAMASAMY J.

VM To:

1. The District Collector, Dharmapuri District, Dharmapuri -636705.

2. Assistant Director of Town Panchayats, Harur Taluk, Dharmapuri District -636705.

3. Executive Officer, Harur Town Panchayat, Harur.

4. The Tahsildar, Harur Taluk, Dharmapuri District.

06-03-2026