Annapoorani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Annapoorani ... Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Block Development Officer, Vaiyampatty Panchayat Union, Manapparai Taluk, 3.The Tahsildar, Taluk Office, Manapparai, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the first respondent passed in proceedings nr.K.m8/1302/2024, dated 18.11.2024 and quash the same as far as serial No.4(10) of the proceedings which relates to formation of WBM Road from Railway bridge to Thandalkaranur in Vaiyampatty Panchayat.

For Petitioner : Mr.T.M.Madasamy 1/5

For R-1 & R-3 : Mr.G.Suriyananth Additional Government Pleader For R-2 : Mr.D.S.Nedunchezian Government Advocate

ORDER

The petitioner seeks for the following relief:- "Writ of Certiorari, calling for the records of the first respondent passed in proceedings nr.K.m8/1302/2024, dated 18.11.2024 and quash the same as far as serial No.4(10) of the proceedings which relates to formation of WBM Road from Railway bridge to Thandalkaranur in Vaiyampatty Panchayat."

2. I heard Mr.T.M.Madasamy for the petitioner, Mr.G.Suriyananth for the respondents 1 and 3 and Mr.D.S.Nedunchezian for the second respondent.

3. When I took up the matter for hearing today, Mr.G.Suriyananth appearing for the respondents 1 and 3 and Mr.D.S.Nedunchezian appearing for the second respondent drew my attention to the judgment in O.S.No.282 of 2016, dated 04.07.2019. In terms of the said decree, the civil Court had declared that S.No.318/6B is a cart track from in time immemorial. 2/5

Mr.G.Suriyananth pleads that the road that is being currently laying is only over S.No.318/6B and not over S.No.318/6A, which has been declared to have vested with the writ petitioner's mother.

4. When the civil Court decree is clear and categorical that S.No. 318/6B is a cart track, there cannot be an order in favour of the petitioner restraining the laying of a road. The petitioner can only claim a right over S.No.318/6A and not over S.No.318/6B.

5. In the light of the above discussion, this writ petition stands dismissed. There shall be no order as to costs. 30.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Block Development Officer, Vaiyampatty Panchayat Union, Manapparai Taluk, 3/5

3.The Tahsildar, Taluk Office, Manapparai, 4/5

V.LAKSHMINARAYANAN, J.

BTR 30.04.2025 5/5