Karuppayammal @ Ponnammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. Karuppayammal @ Ponnammal W/o. Rasappa Nadar, No.2/36, Anaipalayam Village, Uthukuli Rs Via, Uthukuli Taluk, Tiruppur District.

Petitioner(s) Vs

1. The District Collector Erode District, Erode.

2.The Tasildar Perundurai Taluk, Perundurai, Erode District, 3.The Village Panchayat President Sirukalanji Village, Perundurai Taluk, Erode District, Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the

Petitioner's representation dated 23.09.2024 and pass appropriate orders within a time frame to be fixed by this Court.

For Petitioner(s):

Mr.C.Munusamy V. Suguna M. Sudha For Respondent:

Mrs.C.Meera Arumugam, AGP for RR1 & 2 Mr.T.M.Rajangam, GA for R3

ORDER

(1)Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents 1 and 2. Mr.T.M.Rajangam, learned Government Advocate accepts notice on behalf of the 3 rd respondent. With the consent of the learned counsels on either side, the main writ petition itself is taken up for final disposal at the admission stage. (2)The writ petition is filed for a mandamus directing the 1 st respondent to consider the petitioner's representation dated 23.09.2024 and pass appropriate orders within a time frame to be fixed by this Court. (3)The petitioner's father was allotted the lands in S.No.341/3 and 341/10 in Sirukalanji Village, Perundurai Taluk, Erode District, under a registered

Partition Deed dated 16.07.1948. After the demise of the petitioner's father, the petitioner inherited the property and was in possession and enjoyment of the same. The petitioner states that during the lifetime of his father, he had orally gifted land to lay road on the western side of the property for the benefit of public. Pursuant to the gift, a tar road was laid on the western side of the petitioner's property with 40 feet width and to a length of 3 Kms. The entire villagers and adjacent land owners were using the said road for over 70 years. While so, some persons including the wife of the petitioner's brother claimed right over the road since the Gift Deed was not registered.

The petitioner therefore requested the authorities concerned to acquire the petitioner's land free of compensation by following due process of law so that the existing road would not be disturbed. Since the authorities did not respond, the petitioner submitted a representation on 23.09.2024, and even thereafter, no action was taken. Hence, the petitioner filed the above writ petition for the aforesaid relief.

(4)Heard both sides and perused the materials placed on record.

(5)Under the facts and circumstances of the case and considering the limited prayer in the writ petition, a direction is issued to the 1 st respondent to consider and pass orders on the petitioner's representation dated 23.09.2024 on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

(6)The writ petition is disposed of with the above direction. No costs. 13-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector Erode District, Erode.

2.The Tasildar Perundurai Taluk, Perundurai, Erode District, 3.The Village Panchayat President Sirukalanji Village, Perundurai Taluk, Erode District.

N.MALA J.

AP 13-08-2025