Thiruvavadudurai Athinam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.7601 of 2025 Thiruvavadudurai Athinam, represented by its Manager G.Ramachandran.

... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Divisional Engineer, Highways Department, Near Thamaraithotti, K.Pudur Road, Madurai.

3. The Assistant Engineer, Highways Department Usilampatti, Madurai District.

4. The Assistant Director, Survey Department, Collectorate Campus, Madurai District, Madurai. ... Respondents (R4 is Suo Motu Impleaded Vide Court Order Dated 12.06.2025) 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a a Writ of Mandamus or order or direction in the nature of writ to direct the respondents to not to proceed the construction of road in our lands in Re-survey Nos.89/1, 89/2, 90/4 and 90/5 situated at Vilangudi Bit-II, Madurai North Taluk, Madurai District.

For Petitioner : Mr.M.Ramu For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to not to proceed the construction of road.

2. Based on this prayer, a survey was conducted, and the petitioner was satisfied with the outcome, which indicated that the land belongs to the Thiruvavaduthurai Athinam. Since an objection was raised by Highways, a re-survey was conducted by measuring the land from boundary stone to boundary stone. After this measurement, the petitioner was also satisfied with the boundaries marked.

3. However, prior to the re-survey, the respondents had already cleared a portion of the Adheenam's land. Therefore, the respondents are strictly directed to lay the road only within the limits of the National Highway, excluding the Thiruvavaduthurai Adheenam's land, based on the second survey report. If 2/4

there is any uneven land, the same shall be rectified.

4. With these observations, this writ petition is disposed of. There is shall no order as to cost. Consequently, connected miscellaneous petition is closed.

14.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To

1. The District Collector, Madurai District, Madurai.

2. The Divisional Engineer, Highways Department, Near Thamaraithotti, K.Pudur Road, Madurai.

3. The Assistant Engineer, Highways Department Usilampatti, Madurai District.

4. The Assistant Director, Survey Department, Collectorate Campus, Madurai District, Madurai.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :14.07.2025 4/4