L.S.Murugesan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN WP No. 37878 of 2025 & WMP No.42344 of 2025 L.S.Murugesan, S/o.Late Sengoda Gounder, No.3, Poosari Chennimalai Street No.1, Near Surampatti Four Road, Erode-638 009.
.. Petitioner v.
1. State of Tamil Nadu Represented by its Principal Secretary to Government Rural Development and Panchayat Raj Department, Fort St. George, Secretariat, Chennai-600 009.
2. The District Collector, Collectorate, Erode District, Erode-637 011.
3. The Additional Collector (Development) District Rural Development Agency, Erode District, Erode-638 011.
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4.The Block Development Officer, Panchayat Union Office, Modakurichi Taluk, Erode District-638 104.
5.The Tahsildar, Modakurichi Taluk, Erode Distict-638 104.
... Respondents PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the respondents from proceeding with the proposed Paver Block laying and erection of Barbed Wired Fencing in Government Parai Poromboke bearing R.S.No.144/1, Punjai Lakkapuram Village, Modakurichi Taluk, Erode District by considering the representation of petitioner dated 28.08.2025 and in the light of G.O.(Ms.) No.147 issued by Rural Development and Panchayat Raj (SGS,1) Department dated 14.12.2021 issued by the 1st respondent.
For Petitioner : Mr.N.S.Suganthan For Respondents : Mr.L.S.M.Hasan Fizal, AGP for R1, R2, R3 & R5 Mr.M.R.Gokulakrishnan, AGP for R4
ORDER
The petitioner is the owner of the property situated in S.No.126/1 at Punjai Lakkapuram Village, Modakurichi Taluk, Erode 2/11
District. Abutting his property, the entire extent of S.No.144/2 is 1.63 acres. The access to the petitioner's land is through a cart track which runs over RS Nos.144/1 and 144/2. RS. No.144/1 is a Government Parai Poromboke. The Government decided to fence its properties and protect the same from being encroached upon or used for any illegal purpose. For the said purpose, it invoked the scheme contemplated under the ekf;F "
ehnk jpl;lk; /"
2. The grievance of the petitioner is that this act of the Government is completely shutting out his property from having access to the cart track mentioned above. When the matter came up for admission, Mr.M.R.Gokulakrishnan took notice for the fourth respondent. Mr.Hasan Fizal took notice for Respondents 1, 2, 3 and 5.
3. Mr.Gokulakrishnan submitted that the petitioner's access to the cart track has not been blocked in entirety. An extent of 14 feet is set apart as a pathway to enable the petitioner to reach his property. Taking note of the submission, I called upon Mr.Gokulakrishnan to file a 3/11
sketch and memo to that effect. Mr.Gokulakrishnan has also filed the same. For the sake of ready reference, the sketch, photographs and memo are scanned and annexed hereunder:
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As the petitioner has been given 14 feet of access, I cannot conclude that the petitioner loses his access in its entirety. Mr.N.S.Suganthan pleads that the petitioner is entitled to 30 feet access. The entitlement of the petitioner to the alleged 30 feet access cannot be decided in this writ petition, as it requires oral and documentary evidence.
3. Recording the memo, sketch and photographs, this writ petition is closed. The Government shall ensure that the 14 feet passage, shown in the memo, is kept free of any encroachment to enable the petitioner to have access to his land. The petitioner is at liberty to approach the jurisdictional Civil Court, in case, he requires any wider access than what has been set apart. Consequently, connected miscellaneous petition is closed. No costs.
08.10.2025 Index : Yes/No Internet : Yes/No kal 9/11
To
1. State of Tamil Nadu Represented by its Principal Secretary to Government Rural Development and Panchayat Raj Department, Fort St. George, Secretariat, Chennai-600 009.
2. The District Collector, Collectorate, Erode District, Erode-637 011.
3. The Additional Collector (Development) District Rural Development Agency, Erode District, Erode-638 011.
4.The Block Development Officer, Panchayat Union Office, Modakurichi Taluk, Erode District-638 104.
5.The Tahsildar, Modakurichi Taluk, Erode Distict-638 104.
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V.LAKSHMINARAYANAN, J.
kal WP No. 37878 of 2025 & WMP No.42344 of 2025 08.10.2025 11/11