Jayanthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.27223 of 2025 and W.M.P.No.30587 of 2025 Mrs.Jayanthi ... Petitioner -vs1. The District Collector, Cuddalore,

2. The District Revenue Officer, Cuddalore, Cuddalore District.

3. The Revneue Divisional Officer, Virudhachalam, Cuddalore District.

4. The Executive Officer, Mangalampettai, Mangalampettai Town Panchayat, Cuddalore, Cuddalore District.

5. The Revenue Tahsildar, Virudhachalam, Cuddalore Cuddalore District.

6. Baskar

7. Ravi

8. Narayanasamy ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the illegal construction made by the respondents 6 to 8 on the public road in S.No.162/4 situated at Mangalam Ko.Village, Mangalampettai Town Panchayat, Virudhachalam Taluk, Cuddalore District. For Petitioner : Mr.K.Prabakaran For R1 to R3 & R5: Mr.M.Venkateswaran Spl. Govt. Pleader For R4 : Mr.T.Arunkumar Addl. Govt. Pleader *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 5 to remove the illegal construction made by the respondents 6 to 8 on the public road in S.No.162/4 situated at Mangalam Ko.Village, Mangalampettai Town Panchayat, Virudhachalam Taluk,

2. Mr.M.Venkateswaran, learned Special Government Pleader takes notice for R1 to R3 & R5 and Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for R4. Notice to R6 to R8 is dispensed 2/6

with, as no adverse order is going to be passed against them. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.

3. It is the case of the petitioner that the property in question, which belonged the deceased father-in-law of the petitioner, was partitioned among the legal heirs and after the death of the petitioner's husband, she is in continuous possession and enjoyment of the property. While so, the respondents 6 to 8 gathered together and steps are taken to construct a Temple in front of the entrance of the petitioner's house, so as to block the ingress and egress of her house. Though she has given a representation dated 16.06.2025 to the official respondents to stop the illegal construction of the Temple, no steps were taken by them in this regard. Hence, the petitioner is before this Court.

4. Though the petitioner has come out with a larger prayer, the learned counsel for the petitioner would submit that it would suffice, if the 4th respondent is directed to consider the representation of the petitioner. 3/6

5. Learned Additional Government Pleader appearing for the 4th respondent stated that a reasonable time may be granted to the 4th respondent for considering and passing appropriate orders on the representation of the petitioner.

6. Considering the facts and circumstances of the case and also the submission of the counsel for the petitioner, we deem it fit that it would suffice to direct the 4th respondent to consider the representation of the petitioner dated 16.06.2025. Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the 4th respondent to consider the representation dated 16.06.2025 of the petitioner, by giving an opportunity of personal hearing to the petitioner and R6 to R8 and thereafter, pass necessary orders on merits and in accordance with law. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

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7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (J.N.B,J.,) (M.J.R,J.,) 29.07.2025 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

1. The District Collector, Cuddalore,

2. The District Revenue Officer, Cuddalore, Cuddalore District.

3. The Revneue Divisional Officer, Virudhachalam, Cuddalore District.

4. The Executive Officer, Mangalampettai, Mangalampettai Town Panchayat, Cuddalore, Cuddalore District.

5. The Revenue Tahsildar, Virudhachalam, Cuddalore Cuddalore District.

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J.NISHA BANU, J.

AND M.JOTHIRAMAN , J.

ar 29.07.2025 6/6