R.Saravanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.23632 & 24065 of 2019 R.Saravanan ... Petitioner Vs.
1.The District Collector, Thiruvannamalai District, Thiruvannamalai.
2.The Revenue Divisional Officer, Cheyyar Revenue Division, Thiruvannamalai District.
3.The Adi-Dravida Welfare Officer, Adi Dravida Welfare Department, Thiruvannamalai District.
4.The Special Tahsildar, Adi Dravida Welfare Department, Vandavasi, Thiruvannamalai District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the proceedings of the 2nd respondent made in No.A3 / 92 /2017 dated 09.05.2019 and quash the same and consequently Page No.1 of 6
forbearing the respondents from in any way interfering with the petitioner's peaceful possession and enjoyment of the agricultural lands measuring to an extent of 1.57 acres comprised in Survey No.99 and 100/B of Kilkolathur Village, Cheyyar Taluk, Tiruvannamalai District except in accordance with law.
For Petitioner : Mr.S.Thirumavalavan For Respondents : Mr.T.M.Rajangam Government Advocate *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records of the proceedings of the 2nd respondent made in No.A3 / 92 /2017 dated 09.05.2019 and quash the same and consequently, to forbear the respondents from in any way interfering with the petitioner's peaceful possession and enjoyment of the agricultural lands measuring to an extent of 1.57 acres comprised in Survey No.99 and 100/B of Kilkolathur Village, Cheyyar Taluk, Tiruvannamalai District except in accordance with law.
2. The case of the petitioner is that he owns agricultural land in Survey Nos.99 and 100/B of Kilkolathur Village, Cheyyar Taluk, Page No.2 of 6
Thiruvannamalai District to an extent of 1.57 acres. The Kilkolathur Colony people have divided themselves into two groups for the reasons best known to them and in order take vengeance on one Selvamani, who owns a land adjacent to the petitioner's land, requested the District Administration to form a road across the land owned by the said Selvamani and on the petitioner's land to the burial ground. However, there is an existing road connecting the colony and the distance between the burial ground and the colony is only 600 meters. Therefore, there is no necessity for formation of a road. Even then, on 24.09.2017, some of the villagers forcibly installed Arichandra Statue in the petitioner's land. Hence, he filed a complaint dated 24.09.
2017 before the Anaikavur Police Station, pursuant to which, the 2nd respondent instead of conducting enquiry and passing appropriate orders, directed the 4th respondent to acquire the petitioner's land by order dated 09.05.2019, without serving a copy to the petitioner. Challenging the same, the petitioner has filed the present writ petition before this Court.
3. The learned counsel for the petitioner submits that the petitioner is the owner of the subject land and therefore, his title cannot be interfered with except due process of law and the same is violative of Page No.3 of 6
Article 300A of Constitution of India. Accordingly, he prays for allowing this writ petition.
4. The learned Government Advocate appearing for the respondents submits that the impugned order itself reveals that if they want to lay a road in the petitioner's land, the respondents have to acquire the land by invoking the acquisition laws. Without invoking the acquisition laws, the possession of the petitioner cannot be interfered with.
5. Recording the above submissions, this Writ Petition is disposed of, directing the respondents not to interfere with the possession and enjoyment of the petitioner's property without acquisition and due process of law. No costs. Consequently, the connected miscellaneous petitions are closed.
10.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.
2.The Revenue Divisional Officer, Cheyyar Revenue Division, Thiruvannamalai District.
3.The Adi-Dravida Welfare Officer, Adi Dravida Welfare Department, Thiruvannamalai District.
4.The Special Tahsildar, Adi Dravida Welfare Department, Vandavasi, Thiruvannamalai District.
Page No.5 of 6
M.DHANDAPANI, J.
sp 10.09.2025 Page No.6 of 6