M.Selvarasu v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-06-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI M.Selvarasu, S/O.Malaiyan No.45, Gundusalai, Nadesan Nagar, Boomiyanpet Nellithope, Puducherry-605 005
...Petitioner
Vs
1. The Director, Local Administration Department, No.16, Rue Suffren Street, (Old MLA Hostel) Puducherry-605 001
2. The Commissioner, Mannadipet Commune Panchayat, Thirubuvanai, Puducherry-605 001
3. The Executive Engineer, Public Health Division, PWD Sonampalayam, Subbaiah Salai Puducherry-605 001
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st
respondent to consider the representation of the petitioner dated 11.3.2025 and to implement the proposed construction of water tank in Kuppam Colony, Mannadipet Commune, Puducherry as per Notification No.9159/PH/DB-RWS/F.No.169/2025-26/e-56 to an alternative site in the same village in the available government land in R.S.No.102 measuring an extent of 40,000 sq.ft and permit the petitioner to have the ingress and aggress from his property situated in R.S.No.95/38 and R.S.No.89/2, Mannadippet Commune, Puducherry Union.
For Petitioner:
Mr.P.Chandrasekar For Respondents:
Mr.R.Sreedhar, AGP (P)
ORDER
This is a petition filed by the petitioner seeking a direction to the first respondent to consider his representation dated 11.3.2025 and to implement the proposed construction of water tank in Kuppam Colony, Mannadipet Commune, Puducherry as per Notification No.9159/PH-DB-RWS/F.No.169/2025-26/e-56 to an alternative site in the same village in the available government land
in R.S.No.102 measuring an extent of 40,000 sq.ft. and permit the petitioner to have the ingress and aggress from his property situated in R.S.Nos.95/38 and 89/2, Mannadipet Commune, Puducherry Union.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader (Puducherry) accepting notice for the respondents.
3. The case of the petitioner is as follows:
(i) The petitioner is a retired Police Inspector in the Union Territory of Puducherry. He has a small house and agricultural lands in Katteri Kuppam Colony. His relatives are also having houses on the western side of his property. There are lands nearby belonging to the Government of Puducherry, in which, a 200 year old tamarind tree was there and it was damaged due to a heavy cyclone attack 15 years back. The petitioner and his relatives are using that area as a pathway to approach their houses and agricultural lands. (ii) In the recent past, it came to light that the respondents have proposed to construct a water tank in the area, which is being
used as a pathway and are attempting to prevent the ingress and egress to his property. When, admittedly, there was an alternative government poramboke land is available in Kattur Kuppam, it will be suitable for the respondents to construct the water tank. (iii) Expressing his grievance, the petitioner sent a representation to respondents 1 and 2 on 11.3.2025. He also sent two other representations dated 13.8.2025 and 03.10.2025 to respondents 1 and 2. He further sent a representation dated 15.10.2025 to the second respondent seeking information under the Right to Information Act, 2005. It appears that the information sought for was furnished. But, despite objections, the third respondent issued a fresh tender notice on 27.2.2026 to construct the water tank in the disputed place. Once again, the petitioner sent a representation dated 16.3.2026 to the third respondent to reconsider the decision.
(iv) According to the petitioner, the proposed construction will not satisfy the needs. The place, in which, the water tank is proposed to be constructed, is the only pathway for the petitioner and his family members to approach their houses. Hence, having no other alternative, the petitioner is before this Court.
4. Considering the limited nature of the prayer sought for and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 11.3.2025 on merits and pass appropriate orders thereon in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs.
03-06-2026 Index: Yes/No Speaking/Non-speaking order To
1. The Director, Local Administration Department, No.16, Rue Suffren Street, (Old MLA Hostel) Puducherry-605 001
2. The Commissioner, Mannadipet Commune Panchayat, Thirubuvanai, Puducherry-605 001
3. The Executive Engineer Public Health Division PWD, Sonampalayam Subbaiah Salai Puducherry-605 001 RLI
M.DHANDAPANI,J RLI 03-06-2026