Venkatesan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA WP No. 27950 of 2025 & WMP.No.31335/2025
1. VENKATESAN S/o. Chinnaponnu, Koyakkaradu Kattuvalavu, Ilavampatit Omalur Taluk, Salem District Petitioner(s) Vs
1. The State Of Tamilnadu Rep By Secretary To Govt Rural Development And Panchayat Raj Department, Secretariat, Chennai 2.District Collector Cum Chariman District Rural Development Agency Distirct Collector Ofifce, Salem 3.The Thasildar Omalur Taluk Office Salem 4.Executive Engineer Distirct Rural Development Agency, D Istrict Collector Office, Salem
5.Block Development Office R Tharamangalam Unon, Omalur Taluk, Salem.
Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamsu forbearing the respondents from laying thar road under the scheme of Pradhama Mandhiri Grama salai scheme III through the petitioners 's land comprised in survey No.19/2A1B to an extent of 0.26 cents situated at ILavampatti village Omalur Taluk, Salem District by considering the representation given by him on 02.07.2025 and pass. For Petitioner(s):
Ms.G.Ambika VIJAYARAGAVAN Neethimozhi C Rithika S Dhivyashree K Hemalatha T Magadhalena J For Respondent:
Mrs.C.Meera Arumugam, AGP for RR 1 to 4 Mr.B.Tamilnidhi, GA for R5
ORDER
(1)Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4. Mr.B.Tamilnidhi, learned Government Advocate accepts notice on behalf of the 5 th respondent. With the consent of both the learned counsels, the writ petition is taken up for final disposal at the admission stage itself.
(2)The writ petition is filed for a mandamus forbearing the respondents from laying Tar road under the Pradhan Manthiri Grama Salai Scheme-III through the petitioner's land in S.No.19/2A1B to an extent of 0.26 cents at Ilavampatti Village, Omalur Taluk, Salem District.
(3)The petitioner is the owner of the agricultural lands in S.No.19/2A1B to an extent of 0.26 cents at Ilavampatti Village, Omalur Taluk, Salem District. The petitioner was also issued with patta in Patta No.1665. The petitioner states that the respondents were attempting to lay a Tar road under the Pradhan Mandri Grama Salai Scheme - III between Jalakandapuram Chinnappampatti Tar road to Karattukadu. The petitioner further states that the respondents without conducting survey of the lands, before laying the road, started
preparation for laying the Tar road by encroaching upon the petitioner's lands. The petitioner therefore submitted a representation to the respondents on 02.07.2025. However, there was no response to the petitioner's representation. Hence, the petitioner was constrained to file the above writ petition for the aforesaid relief.
(4)The learned Government Advocate appearing for the 4 th respondent submitted that the road under the aforesaid Scheme was already laid. (5)The learned counsel for the petitioner on the other hand submitted that in violation of the petitioner's right to property under Article 300-A of the Constitution of India, the respondents have encroached upon a part of the petitioner's lands.
(6)Heard both sides and perused the materials placed on record. (7)Under the facts and circumstances of the case, and in view of the submissions of the respective learned counsels, I deem it appropriate to direct the 3 rd respondent to consider and dispose of the petitioner's representation dated 02.07.2025 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
(8)The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 12-08-2025 AP Index :Yes/No Speaking order: Yes/No Internet:Yes To 1.The State Of Tamilnadu
Rep By Secretary To Govt Rural Development And Panchayat Raj Department, Secretariat, Chennai 2.District Collector Cum Chariman District Rural Development Agency Distirct Collector Ofifce, Salem 3.The Thasildar Omalur Taluk Office Salem 4.Executive Engineer Distirct Rural Development Agency, D Istrict Collector Office, Salem 5.Block Development Office R Tharamangalam Unon, Omalur Taluk, Salem
N.MALA J.
AP 12-08-2025