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Madras High CourtWP/34242/2024disposed of

Ramayee v. The District Collector

2026-03-12Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY AND WMP Nos. 42280 & 37083 of 2024 Ramayee ..Petitioner(s) Vs

1. The District Collector, Salem, Salem District.

2. The Tasildar, Yedappadi Taluk, Salem, Chettimangurichi Village, Edappadi Taluk, Salem District.

Edappadi Panchayat Union, Edappadi Taluk, Salem District.

Chettimangurichi Village Panchayat, Edappadi Taluk, Salem District.

..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondent 2 to 5 from taking action to lay down the road in respect to the petitioner's land to an extent of 0.04 3/4 comprised in S.No.187/5 based on registered settlement deed dated 24.06.2024 pending disposal of the civil proceedings in OS.No.63/2024 on the file of District Munsiff Court at Edappadi by considering the petitioner's representation dated 24.10.2024.

WP No. 39038 of 2024 Ramayee ..Petitioner(s) Vs

1. The District Collector, Salem, Salem District.

2. The Tahsildar, Yedappadi Taluk, Salem, Chettimangurichi Village, Edappadi Taluk, Salem District.

Edappadi Panchayat Union, Edappadi Taluk, Chettimangurichi Village Panchayat, Edappadi Taluk, Salem District.

..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from clearing the payments bill for laying the road in respect of the petitioner's land to an extent of 0.04 3/4 cent comprised in S.No.187/5 based on registered settlement deed dated 24.6.2024 pending disposal of the civil proceedings in OS.No.63/2024 on the file of District Munsif Court at Edapaddi by considering the petitioner's representation dated 05.12.2024. For Petitioner(s) :

Mr.K.Prabhakaran For Respondent(s) :

Mrs.S.Anitha, SGP for R1 to 3 Mr.V.Veluchamy, AGP for R4 & 5

COMMON ORDER The writ petition in W.P.No.34242 of 2024 has been filed to forbearing the respondent 2 to 5 from taking action to lay down the road in respect to the petitioner's land to an extent of 0.04 3/4 comprised in S.No.187/5 based on registered settlement deed dated 24.06.2024 pending disposal of the civil proceedings in OS.No.63/2024 on the file of District Munsiff Court at Edappadi by considering the petitioner's representation dated 24.10.2024.

2. Learned counsel for the petitioner would submit that the properties comprised in R.S.Nos.188/11B & 187/5 is belonged to petitioner's husband and later, the said properties were registered in favour of the petitioner by way of registered settlement deed dated 11.12.2023. This being so, the adjacent land owners, without having any right and title over the property mentioned supra, they have executed a registered settlement deed to and in favour of 4th respondent including the petitioner's property to an extent of 0.04 3⁄4 cent in S.No.187/5 by virtue of registered settlement deed dated 24.06.2024. Based on the settlement deed, the fourth respondent has given a permission to the fifth respondent to lay down the road in the aforesaid property. Pursuant to which, the fifth respondent has taken all the steps to lay the road. Since the adjacent land owners executed a forged settlement deed in favour of the fourth respondent, the petitioner has filed a suit in O.S.No.63/2024 on the file of

District Munsif Court, Edapaddi, seeking declaration and injunction, which is pending. Under these circumstances, the petitioner has sent a representation dated 24.10.2024, requesting the respondents to stop the proceedings of laying roads. However, the said representation was not considered, as on date. Hence, the petitioner has come forward with the present writ petition.

3. Learned Special Government Pleader appearing for the respondents 1 to 3 would submit that as of the date of filing this writ petition, the construction of the road has been completed and it is now open for public use. Furthermore, O.S.No.63 of 2024, currently pending before the District Munsif Court, Edappadi, was filed for the same relief sought in this writ petition. Accordingly, she prays for appropriate orders.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Since, the present writ petition has been filed to forbear the respondent 2 to 5 from taking action to lay down the road in respect to the petitioner's land to an extent of 0.04 3/4 comprised in S.No.187/5 based on registered settlement deed dated 24.06.2024 pending disposal of the civil proceedings in OS.No.63/2024 on the file of District Munsiff Court at Edappadi, the construction of road has already been completed by the respondents. Therefore,

it is upto to the petitioner to take action against the respondents, in the event of any violation in construction of the said road. In respect of ownership of the land, the same will be decided before District Munsiff Court, Edapaddi in O.S.No.63/2024.

6. Accordingly, the writ petition in W.P.No.34242 of 2024 is disposed of. In view of the said order in W.P.No.34242 of 2024, the writ petition in W.P.No.39038 of 2024 stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

12-03-2026 Index: Yes/No Speaking/Non-speaking order VM

KRISHNAN RAMASAMY J.

VM To

1. The District Collector Salem, Salem District.

2. The Tasildar, Yedappadi Taluk, Salem, Salem District.

Chettimangurichi Village, Edappadi Taluk, Edappadi Panchayat Union, Edappadi Taluk, Chettimangurichi Village Panchayat, Edappadi Taluk, Salem District.

12-03-2026