A.Maragathamani v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.5232 of 2025 A.Maragathamani : Petitioner Vs.

1. The Secretary to Government, Public Work Department, Secretariat, Chennai.

2. The District Collector, Karur District.

3. The Commissioner, Karur Municipality.

4. The District Revenue Officer, Karur District.

5. The Revenue Divisional Officer, Karur District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from 1/5

causing interference to the petitioners peaceful enjoyment of her property by laying permanent road in the petitioners property comprised in Sy. No. 379/1A, 379/1B and 379/1C measuring around 7.65 acres and in Sy. No. 380/3 and 380/4A measuring about 44 1/2 cents, situated at Inam Karur Village, Periyakulathupalayam, Karur Taluk and District, without following the procedure contemplated under law. For Petitioner : Mr. S.Ramesh For Respondents : Mr.K.Balasubramani for R3 Mr.C.Venkatesh Kumar Spl. Government Pleader for R1, R2, R4, R5

O R D E R

This Writ Petition has been filed for a direction, forbearing the respondents from causing interference to the petitioner's peaceful enjoyment of the property by laying permanent road in the petitioner's property comprised in S.No.379/1A, 379/1B and 379/1C measuring to an extent of 7.65 acres and in S.No.380/3 and 380/4A measuring to an extent of 44 1/2 cents, situated at Inam Karur Village, Periyakulathupalayam, Karur Taluk and District. 2/5

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.When the matter was taken up for hearing, the learned counsel for the petitioner submitted that, the third respondent Municipality was excavating the lands in question for laying a road. In this regard, the petitioner has submitted her objections before the third respondent. The learned counsel further submitted that it would suffice if the third respondent is directed to consider and dispose of the petitioner's objections dated 06.03.2025, in accordance with law, within a time frame.

4.Considering the limited scope of the prayer now sought for by the petitioner, there shall be a direction to the third respondent to consider the petitioner's objections dated 06.03.2025 and pass appropriate orders solely on its own merits and in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks from the date of receipt of a copy of this order. It is also made 3/5

clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the fourth respondent to consider the same on its own merits.

5. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

14.03.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Secretary to Government, Public Work Department, Secretariat, Chennai.

2. The District Collector, Karur District.

3. The Commissioner, Karur Municipality.

4. The District Revenue Officer, Karur District.

5. The Revenue Divisional Officer, Karur District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.6952 of 2025 14.03.2025 5/5