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Madras High CourtWP Crl.(MD)/765/2026disposed of

Rajeswari v. The District Collector,

2026-02-11Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP.CRL.(MD)Nos.194, 195 and 196 of 2026 Rajeswari ...

Petitioner Vs.

1. The District Collector, Trichy District, Trichy - 620 001.

2. State of Tamil Nadu Rep by the Superintendent of Police, Trichy District, Trichy - 620 020.

3. The Revenue Divisional Officer, Revenue Divisional Office, Vannankovil.

4. The Tahsildar, Taluk Office, Manapparai, Trichy District - 601 306.

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5. The Assistant Director of Panchayat, Panchayat Union, Manapparai, Trichy District - 621 306.

6. The Block Development Officer (Village Panchayat) Panchayat Union, Manapparai, Trichy District - 621 306.

7. State of Tamil Nadu, Rep by the Inspector of Police, Manapparai Police Station, Trichy District.

8. Green Tech Infra Rep by its Proprietor, Arockiyasamy, No.20/594, Muthapudaiyanpatti, Kannudaiyanpatti Panchayat, Manapparai Taluk, Trichy District.

9. M.Chellammal, W/o.Late. Muthuchamy, Temple Trustee K.Udaiyapatti, Manapparai Taluk, Trichy District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to direct the 2nd and 7th respondents not to interfere with the laying of roads leading to ''Arulmigu Sri Subramaniya Swamy Temple'', K.Udaiyapatti, Manapparai Taluk, Tiruchirappalli District, and 2/8

further directing the 1st respondent to accord permission based on the recommendation made by the 6th respondent within the time frame. For Petitioner : Mr.M.Rajarajan For Respondents : Mr.P.Thambidurai Government Advocate (Civil Side) (R1, R3 and R4) Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) (R2 & R7) Mr.S.S.Madhavan Additional Government Pleader (R5 & R6) Mr.G.Prabhu Rajadurai (R8)

O R D E R

This writ petition has been filed to direct the respondents 1 to 7 not to interfere with the laying of roads leading to ''Arulmigu Sri Subramaniya Swamy Temple'', K.Udaiyapatti, Manapparai Taluk, Tiruchirappalli District, and further direct the 1st respondent to accord permission based on the recommendation made by the 6th respondent within the time frame.

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2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Civil Side) appearing for the respondents 1, 3 and 4, the learned Government Advocate ( Crl.Side) appearing for the respondents 2 and 7, the learned Additional Government Pleader appearing for the respondents 5 and 6 and the learned counsel appearing for the respondent No.8.

3. It is submitted that the 6th respondent, by proceedings in Na.Ka.A2/3960/2025 dated 31.12.2025, granted permission to the 8th respondent to lay the road. The proceedings specifically state that the estimated cost of the work is Rs.9.73 lakhs and Rs.12.28 lakhs, totalling Rs.22.01 lakhs, and that the entire funds are being provided by the 8th respondent. When such permission has been granted, the respondents cannot interfere with the laying of the road.

4. The allegation against the petitioner is that he removed sand, which is claimed to be a criminal offence. However, the petitioner submits that the removal of the said soil was necessary for the purpose of laying the fresh road; unless the existing soil was removed, the height of the road would increase, which would be 4/8

contrary to the order of the Hon'ble Division Bench. The road ought to be laid only after removing the existing road surface.

5. Considering the above circumstances, this Court directs the respondents not to interfere with the laying of the road. The 8th respondent is further directed to lay the road strictly in accordance with the proceedings dated 31.12.2025.

6. With the above, this Writ Petition (Criminal) is allowed. Consequently, connected miscellaneous petitions are closed. 11.02.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm 5/8

To

1. The District Collector, Trichy District, Trichy - 620 001.

2. The Superintendent of Police, Trichy District, Trichy - 620 020.

3. The Revenue Divisional Officer, Revenue Divisional Office, Vannankovil.

4. The Tahsildar, Taluk Office, Manapparai, Trichy District - 601 306.

5. The Assistant Director of Panchayat, Panchayat Union, Manapparai, Trichy District - 621 306.

6. The Block Development Officer (Village Panchayat) Panchayat Union, Manapparai, Trichy District - 621 306.

7. The Inspector of Police, Manapparai Police Station, Trichy District.

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8. Green Tech Infra Rep by its Proprietor, Arockiyasamy, No.20/594, Muthapudaiyanpatti, Kannudaiyanpatti Panchayat, Manapparai Taluk, Trichy District.

9. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 7/8

S.SRIMATHY, J msrm Order made in and WMP.CRL.(MD)Nos.194, 195 and 196 of 2026 11.02.2026 8/8