Madras High CourtWP(MD)/3958/2021dismissed

Abdul Maliq v. The District Collector

2026-03-30Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA & W.M.P.(MD)No.3178 of 2021 Abdul Maliq ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance), Senkottai, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the resspondent dt. 17.02.2021 in KU.No. 128-1/2018/A2 and quash the same and consequently forbear the respondent from interfering with the peaceful possession and enjoyment of the petitioner's property in survey No. 1/4

1037 /7 situated at Vadakarai Keelpidagai Village, Sengottai Taluk, Tenkasi District.

For Petitioner : Mr.J.Ananda Kumar for Mr.K.Manickam For Respondents : Mr.S.Vinodh Government Advocate

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. Though in the writ prayer, there is reference to S.No.1037, Vadakarai, Keelpidagai Village, Senkottai Taluk, the impugned order issued by the second respondent pertains only to S.Nos.660/1 & 1421.

3. Copy of the "A" register has been made available. It is seen therefrom that both survey numbers have been classified as "Pathai" ie., road.

4. In respect of road portion, no person can have any claim. We therefore decline to interfere with the impugned order. The petitioners 2/4

are permitted to submit an application to the District Collector, Tenkasi for allotment of alternative site. As and when such application is received, it shall be considered by the District Collector, Tenkasi, as per the existing administrative norms.

5. With the aforesaid direction, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (R.P., J.) 30.03.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance), Senkottai, Tenkasi District.

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 30.03.2026 4/4