Madras High CourtWP(MD)/10511/2025disposed of

N.Vidhya v. The District Collector

2025-08-07Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.7858 of 2025 N.Vidhya ...Petitioner Vs.

1.The District Collector, Collectorate, Pudukkottai District.

2.The Divisional Engineer, Office of the Divisional Engineer, Highways Department, No.1426 G, Trichy Main Road, Thirukokarnam (Post), Pudukkottai - 622 002.

3.The Revenue Divisional Officer, Collectorate, Pudukkottai District.

4.The Block Development Officer, Office of the Block Development, Thiruvarankulam Post, Alangudi Taluk, Pudukkottai District. ...Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 2 to 4 to abstain from laying road at petitioner's land comprised in Survey Nos.240/14A, 240/14B, old Survey Nos.240/13A, 240/13B, 240/16A, 240/16B, 240/17 new Survey Nos. 240/13, 240/13, 240/16, 240/16, 240/17and S.No.240/12A situated at Kallalangudi Panchayat, Pallathividuthy Village, Alangudi Taluk, Pudukkottai District.

For Petitioner : Mr.K.C.Maniyarasu For R1 to R3 : Mr.R.Ragavendran Government Advocate For R4 : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 2 to 4 to abstain from laying road at petitioner's land comprised in Survey Nos.240/14A, 240/14B, old Survey Nos. 240/13A, 240/13B, 240/16A, 240/16B, 240/17 new Survey Nos. 240/13, 240/13, 240/16, 240/16, 240/17and S.No.240/12A situated at Kallalangudi Panchayat, Pallathividuthy Village, Alangudi Taluk, Pudukkottai District. 2.The learned Additional Government Pleader appearing for the 4th respondent submitted that they are laying road in the Government poramboke land classified as pathway and not in the petitioner's patta land. However, it is seen that 2/5

there is some overlapping in certain survey numbers. Unless a survey is conducted, the issue cannot be decided.

3.Therefore, the Revenue Divisional Officer is directed to conduct a survey in the presence of the petitioner and thereafter, pass appropriate orders in accordance to law within a period of six weeks from the date of receipt of a copy of this order. If the respondents are inclined to lay road in petitioner's patta land, the same can be laid after acquisition proceedings. 4.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 3/5

1.The District Collector, Collectorate, Pudukkottai District.

2.The Divisional Engineer, Office of the Divisional Engineer, Highways Department, No.1426 G, Trichy Main Road, Thirukokarnam (Post), Pudukkottai - 622 002.

3.The Revenue Divisional Officer, Collectorate, Pudukkottai District.

4.The Block Development Officer, Office of the Block Development, Thiruvarankulam Post, Alangudi Taluk, Pudukkottai District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 07.08.2025 5/5