P.Kasthuri v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.12669 of 2025 1.P.Kasthuri 2.N.Kalaiselvan ... Petitioners Vs.
1.The District Collector, Coimbatore District.
2.The Thasildar, Annur.
3.The Special Officer/Block Development Officer, Masagounden Chettipalayam Village Panchayat, Annur Taluk, Coimbatore District.
4.M/s.Martin Farms Private Limited, Rep. by its Director G.Natarajan Door No.101, 6th Street Extension, Gandhipuram, Coimbatore - 641 012.
5.Kathirvel 6.Induraj 7.Manjula 8.Jamuna Rani ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, Page No.1 of 7
praying for issuance of Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 04.09.2024 which was forwarded by the second respondent in proceedings O.Mu.2593/2024/A3 dated 07.11.2024 seeking to remove illegal compound wall build by the respondents 5 to 8 in the Panchayat Road situated in S.F.No.593/3A2C in Masagounden Chettipalayam Village, Annur Taluk, Coimbatore District. For Petitioners : Mr.L.Mouli For Respondent 1 :
Mr.N.Naveen Kumar, Government Advocate For Respondents 2 & 3 :
M/s.K.Aswini Devi, Standing Counsel
O R D E R
The petitioner has filed this petition to direct the third respondent to consider the petitioner's representation dated 04.09.2024 which was forwarded by the second respondent in proceedings O.Mu.2593/2024/A3 dated 07.11.2024 seeking to remove illegal compound wall build by the respondents 5 to 8 in the Panchayat Road situated in S.F.No.593/3A2C in Masagounden Chettipalayam Village, Annur Taluk, Coimbatore District.
2. The case of the petitioners is that the petitioners purchased land Page No.2 of 7
measuring 1.031⁄2 acres in S.F.No.594/1A1 at Masagouden Chettipalayam Village, Coimbatore District, on 30.05.2024. Access to their land is via a Panchayat Road in S.F.No.593/3A2C, which was originally part of a six-acre farm land gifted by the fourth respondent to the Panchayat. Similarly, seventh and eighth respondents also gifted a 12-foot layout road to the Panchayat through gift deeds dated 21.04.2022. However, fifth to eighth respondents illegally constructed a compound wall across the Panchayat Road, obstructing access to the petitioner's land. Despite the Panchayat passing Resolution No. 33 on 15.08.2024 to remove the wall and subsequent reports by the Revenue Inspector and Village Administrative Officer confirming the encroachment, no action has been taken by the third respondent. The petitioners' representations dated 15.08.2024 and 04.09.2024 remain unacted upon, prompting the present writ petition seeking removal of the illegal compound wall and restoration of access.
3. Though many grounds have been raised in this writ petition, learned counsel for the petitioners submitted that it would suffice if this Court issues direction to the third respondent to consider the petitioners' representation dated 04.09.2024 on merits, in accordance with law and pass appropriate Page No.3 of 7
orders within a time frame to be fixed by this Court.
4. Learned standing counsel appearing for the respondents 2 & 3 has no objection for the said order being passed by this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the limited relief sought for by the learned counsel for the petitioners, this Court without going into the merits of the case directs the third respondent to consider the petitioners' representation dated 04.09.2024, after giving due notice to the petitioners as well as the respondents 5 to 8, affording an opportunity of personal hearing and considering the documents filed by the both the parties on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the aforesaid observation and Page No.4 of 7
directions. No costs.
09.04.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, Coimbatore District.
2.The Thasildar, Annur.
3.The Special Officer/Block Development Officer, Masagounden Chettipalayam Village Panchayat, Annur Taluk, Coimbatore District.
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J.SATHYA NARAYANA PRASAD,J.
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