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Madras High CourtWP(MD)/1113/2025disposed of

P. Marimuthu v. The District Collector

2025-08-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.747 of 2025 P.Marimuthu ...Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, 3.The Tahsildar, Ottapidaram Taluk, 4.The Head Surveyor (Land Survey), Ottapidaram Taluk, 5.The Superintendent of Police , Thoothukudi, Thoothukudi District.

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6.The Inspector of Police, Ottapidaram Police Station,

7. M/s. Amazo Solar Farm LLP, U-02 Swagat, B/s. Lal Banglow, CG Road, Ambawadi, Ahmedabed, Gujarat - 380 006, By its Authorized Signatory Namely, G. Sreenivas.

8. Priyashree Jaiswal ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents 7 and 8 from installing iron stone fencing in and around Survey Nos. 704/1, 704/2, 701/3, 713 situated in Ottapidaram Village, Ottapidaram Taluk, Thoothukudi District and consequently, to direct the respondents 1 to 6 to take appropriate action against 7th and 8th respondents to remove the fencing already put up in the said land and in the bull cart pathway, based on the petitioner's complaint / representation dated 22.12.2024, 23.12.2024 and 06.01.2025, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimimuthurasu For R1 to R4 : Mr.R.Ragavendran Government Advocate For R5 and R6 : Mrs.M.Aasha Government Advocate (Criminal side) For R7 : Mr.M.Prabu 2/6

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to forbear the respondents 7 and 8 from installing iron stone fencing in and around Survey Nos. 704/1, 704/2, 701/3, 713 situated in Ottapidaram Village, Ottapidaram Taluk, Thoothukudi District and consequently, to direct the respondents 1 to 6 to take appropriate action against 7th and 8th respondents to remove the fencing already put up in the said land and in the bull cart pathway, based on the petitioner's complaint / representation dated 22.12.2024, 23.12.2024 and 06.01.2025, within the time limit that may be stipulated by this Court. 2.The learned Counsel appearing for the petitioner submitted that the the respondents 7 and 8 have erected solar panel. However, the petitioner's land is in between the 7th and 8th respondents' land, thereby, the respondents 7 and 8 are blocking the petitioner's pathway and he could not access his land. Therefore, the petitioner is claiming that the existing pathway should be left open so that the petitioner can access the land.

3.The learned Counsel appearing for the 7th respondent sought time. 4.This Court is of the considered opinion that if enquiry is conducted between the petitioner and the respondents 7 and 8, the issue can be resolved. 3/6

Therefore, the first respondent is directed to issue notice to the petitioner and the respondents 7 and 8 and thereafter, conduct an enquiry and pass appropriate orders in accordance to law within a period of six weeks from the date of receipt of a copy of this order.

5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 4/6

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, 3.The Tahsildar, Ottapidaram Taluk, 4.The Head Surveyor (Land Survey), Ottapidaram Taluk, 5.The Superintendent of Police , Thoothukudi, Thoothukudi District.

6.The Inspector of Police, Ottapidaram Police Station, 5/6

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 07.08.2025 6/6