Nagesh v. The District Collector / Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.5091 of 2022 and W.M.P(MD).No.4153 of 2022 Nagesh ..Petitioner Vs 1.The District Collector/Chairman District Rural Development Agency, Collectorate, Sivagangai District, Sivagangai.
2.The Project Officer, District Rural Development Agency, Collectorate, Sivagangai District, Sivagangai.
3.The District Revenue Officer, Sivagangai District, Sivagangai.
4.The Thasildar, Kalaiyarkovil Taluk, Sivagangai District.
5.The Block Development Officer, Kalaiyarkovil, Sivagangai District.
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6.R.Rajagopal ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the fifth respondent from forming any road in subject property in S.No.149/2B, Mongan Kanmai Group, Kalaiyarkovil Taluk, Sivagangai District, to an extent of 1.62.00 hectare without any acquisition /notification. For Petitioner : Mr.T.Kumar For Respondent : Mr.A.Kannan (for R1 to R5) Additional Government Pleader Mr.T.Veerakumar (for R6)
ORDER
This writ petition has been filed seeking Mandamus, to forbear the fifth respondent from forming any road in subject property in S.No.149/2B, Mongan Kanmai Group, Kalaiyarkovil Taluk, Sivagangai District, to an extent of 1.62.00 hectare without any acquisition /notification.
2. The contention of the petitioner is that S.No.149/2B, Mongan Kanmai Group, Kalaiyarkovil Taluk, Sivagangai District, measuring about 1.62.00 hectare, is self acquired property. He has purchased the same under sale deed dated 30.11.1981. The petitioner had come to learn that the respondents are proposing to form a road in his property under 'Pradhan 2/5
Mantri Gram Sadate Yojana Shceme' funded by the Union Government and the proposed road would connect "Thirani" Village with Madurai to Thondi National Highway. Presently, a road is connecting the village with national Highway. He would submit that no acquisition proceedings have been initiated and it is his property, which sought to be taken over.
3. The learned Additional Government Pleader has not been instructed in this matter.
4. However, taking note of the limited request, this Writ Petition is disposed of with a direction that, in the event the respondents propose to lay a road in the petitioner's property covered under the sale deed dated 30.11.1981, the same shall be undertaken only after acquiring the petitioner's land in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.
27.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk 3/5
To 1.The District Collector/Chairman District Rural Development Agency, Collectorate, Sivagangai District, Sivagangai.
2.The Project Officer, District Rural Development Agency, Collectorate, Sivagangai District, Sivagangai.
3.The District Revenue Officer, Sivagangai District, Sivagangai.
4.The Thasildar, Kalaiyarkovil Taluk, Sivagangai District.
5.The Block Development Officer, Kalaiyarkovil, Sivagangai District.
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P.T.ASHA, J.
Rmk Writ Petition(MD)No.5091 of 2022 27.11.2025 5/5