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Madras High CourtWP(MD)/15074/2025allowed

Balaji v. District Collector

2025-10-13Honourable Mr Justice G.R.Swaminathan7 pages

1 W.P.(MD)NO.15074 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15074 of 2025

1. Balaji

2. Maheswaran ... Petitioners Vs.

1. The District Collector, Collectorate Office, Virudhunagar, Virudhunagar District.

2. The District Revenue Officer, Collectorate Office, Virudhunagar.

3. The Revenue Divisional Officer, Sattur, Virudhunagar District.

4. The Tahsildar, Vembakottai, Virudhunagar District.

5. C.A.M.Nandhakumar

6. C.A.M.Vijayaramachandran

7. The Block Development Officer, Vembakottai Union, Virudhunagar District.

(R-7 is suo motu impleaded vide order dated 13.10.2025.) ... Respondents 1/7

2 W.P.(MD)NO.15074 OF 2025 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to implement the order passed by the fourth respondent in proceedings Na.Ka.Aa.1/1118/2022 dated 17.04.2023 within a time to be fixed by this Court.

For Petitioner : Mr.A.Sivaji For R-1 to R-4 : Mr.K.S.Selvaganesan, Additional Government Pleader.

For R-5 & R-6 : Mr.V.Abilash Shankar * * *

O R D E R

Heard both sides.

2. The writ petitioners have interest in the agriculture lands in Nadhikudi Village, in Sivakasi Taluk. Their grievance is that the existing pathway running through the petition-mentioned survey numbers was obliterated illegally. The villagers demonstrated seeking the restoration of the original pathway. Solution was arrived at out by enabling the stakeholders to execute gift deeds in favour of the Government by providing alternative pathway. The grievance of the writ petitioners is that this solution was not implemented and that the private respondents herein did not come forward to execute gift deeds.

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3. The private respondents have produced copy of the memorandum bearing Na.Ka.A1/1118/2022 dated 05.02.2024. The said memorandum reads as follows:- 3/7

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4. The private respondents state that even though they are ready to execute gift deeds, they are unable to do so because NOC from the local body is not forthcoming.

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5. I direct the jurisdictional Block Development Officer as well as the local body to issue NOC sought for by the private respondents so that they can execute gift deeds as contemplated in the aforesaid memorandum dated 15.02.2024. The said NOC shall be issued within a period of four weeks from the date of receipt of a copy of this order. The gift deed shall be executed within a period of four weeks, thereafter. This writ petition stands allowed on these terms. No costs.

13.10.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 5/7

6 W.P.(MD)NO.15074 OF 2025 To:

1. The District Collector, Collectorate Office, Virudhunagar, Virudhunagar District.

2. The District Revenue Officer, Collectorate Office, Virudhunagar.

3. The Revenue Divisional Officer, Sattur, Virudhunagar District.

4. The Tahsildar, Vembakottai, Virudhunagar District.

5. The Block Development Officer, Vembakottai Union, Virudhunagar District.

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7 W.P.(MD)NO.15074 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15074 of 2025 13.10.2025 7/7