Panneerselvam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-07-2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA and WMP.No.14168 of 2025 Panneerselvam, S/o.Ramasamy, Kelumathur Kudikadu, Kelumathur and Post Kunnam Circle, Petitioner(s) Vs 1.The District Collector, Office of the District Collector, 2.The Tamil Nadu Information Commission, Teynampet, Chennai.
3.The Project Office (Infrastructure), District Rural Development Agency, 4.The Deputy Block Development (Panchayath) Veppur Kunam Talk, 1/6
5.The Tahsildar, Kunnam Taluk, Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, forbearing the respondents from laying the metal roads in the petitioner's property situated in Kunnam Taluk, Perambalur District Circle No.91 Athiyur (South) S.Nos.140/8, 140/10B, 140/20D, 140/11 until providing the appropriate compensation to the petitioner's for the lands whichever is acquired and pass such further orders.
For Petitioner(s):
Mr.R.Rajasekar For Respondent(s):
Mr.M.Rajendiran, Additional Government Pleader For R1, R3 to R5 Mr.C.Vigneshwaran, Standing Counsel For R2
ORDER
With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
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2. This writ petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents from laying the metal roads on the petitioners property situated in Kunnam Taluk, Perambalur District, Circle No.91 Athiyur (South) S.Nos.140/8, 140/10B, 140/20D, 140/11 until providing the appropriate compensation to the petitioners for the lands whichever are acquired.
3. The petitioner is the owner and cultivator of agricultural land in S.No. 140/8, 140/10B, 140/20D, and 140/11 in Athiyur (South), Kunnam Taluk, Perambalur District. The second respondent is constructing a 16-feet wide and 230-feet long metal road from Athiyur Kudikadu to Kaliperambalur, allegedly including a portion of the petitioner's land as part of the project. The petitioner, unaware of any formal acquisition process, filed an application under the RTI Act on 25.04.2023 and an appeal on 11.08.2023 seeking information on the acquisition. With no response, the petitioner filed W.P.No.16372 of 2024, and this Court, by order dated 25.09.2024, directed the Public Information Officer to dispose of the RTI appeal within 8 weeks. However, the order remains uncomplied with.
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4. Learned counsel appearing for the petitioner submits that his land has not been legally acquired and that no notice or proper procedure under the Land Acquisition laws has been followed. Despite the directions of this Court, the respondents have not disposed of the RTI appeal or provided any acquisition documents. Yet, they have commenced road construction over his property, violating his property rights and bypassing legal requirements. The petitioner therefore seeks the intervention of this Court to restrain the respondents from proceeding further without lawful acquisition. Learned Counsel further submits that a representation dated 25.04.2025 was submitted subsequent to the filing of the writ petition.
5. Learned Additional Government Pleader appearing for respondents 1 to 3 would submit that the representation of the petitioner dated 25.04.2025 would be considered on merits, in accordance with law within a time frame stipulated by this Court.
6. Heard both sides and perused the materials available on record. 4/6
7. Without going into the merits of the case, the 4 th respondent is directed to consider the representation of the petitioner dated 24.04.2023 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner in regard to the subject matter property and pass appropriate orders on merits, in accordance with, within a period of four (4) weeks from the date of receipt of a copy of this order.
In the result, the writ petition stands disposed of with the above observations and direction. No costs. Consequently, connected miscellaneous petition is closed.
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N.MALA J.
cda/dsn To 1.The District Collector, Office of the District Collector, 2.The Tamilnadu Information Commission, Teynampet, Chennai.
3.The Project Office Infrastructure District Rural Development Agency, 4.The Deputy Block Development Panchayat Veppur Kunam Talk, Perambalur District.
5.The Tahsildar, Kunnam Taluk, Perambalur District.
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