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Madras High CourtWP(MD)/13769/2026dismissed

Kottalam Alies Mani v. The District Collector

2026-06-01Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.13769 of 2026 K.Lekshmy Prabha ... Petitioner Vs.

1.The District Collector, Tuticorin District, Korampallam, Tuticorin 628 101.

2.The District Revenue Officer, District Collectorate, Tuticorin District, Korampallam, Tuticorin - 628 101 3.The Tahsildar Tuticorin, Tooveypuram 2nd Street, Tuticorin - 628 003.

4.The Director of Survey and Settlement, Survey House, Chepauk, Chennai - 600 005.

5.The Special Tahsildar (Land Acquisition), Collectorate Buildings, Korampallam, Tuticorin - 628 101.

6.The Chief Engineer, National High Ways, No 72, Sardar Patel Road, 1/7

Highway Research Station, Integrated Chief Engineer Guindy, Chennai.

7.The Executive Engineer, State High Ways, Ettayauram Road, 4/1a, Sundaravelpuram West, K.T.C. Nagar, Tuticorin-628002.

8.The Executive Engineer, Public Works Department Buildings, C and M Division, Tuticorin 9.The Village Administrative Officer, Mappillaiurani Panchayat, Tuticorin Taluk, Tuticorin District.

10. Satheesh Kumar

11. Sureshkumar

12. K.Manikavel

13. K.Thangavel

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the Respondents 1 to 9 to Restore the old roadways connecting Mapilaiurani Road and Sankaraperi Road, admeasuring 25 meters broad as in the plan, passing through the survey numbers 73, 72, 69, 77, 78,100,99, 98, 84 and87and consequentially removing the subdivision done as 78/3A, 78/3B, 78/3C, 78/3D and 78/3E.

For Petitioner : M/s.Chamundi Bose For R1 to R9 : Mr.B.Saravanan Senior Counsel for Mr.M.P.Senthil Counsel for Government of Tamilnadu 2/7

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner filed this writ petition seeking a direction to Respondents 1 to 9 to restore the old roadways connecting Mapilaiurani Road and Sankaraperi Road, measuring 25 meters in width as shown in the plan, passing through Survey Nos. 73, 72, 69, 77, 78, 100, 99, 98, 84, and 87, and consequentially to remove the subdivisions done as 78/3A, 78/3B, 78/3C, 78/3D, and 78/3E.

2. The petitioner and his wife jointly purchased a property in Zamin Survey No. 352, now New Survey No. 78/3B, in Mapillaiurani Village, Tuticorin Taluk, Tuticorin District, on 31.05.1991. The Patta was transferred in their names under Patta No.160 by the first respondent. The grievance of the petitioner is that an error has been committed by the first respondent. In the UDR Patta, there was a mistake in Patta No. 825, bearing Survey No. 78/3, which was wrongly measured as 3 acres and 92 cents instead of 2 acres and 55 cents, corresponding to Zamin Survey No.

352. The increase in land area occurred by deleting the road shown in the Mapillaiurani Village map. Hence, the petitioner filed the present writ 3/7

petition seeking a direction to Respondents 1 to 9 to restore the old roadways connecting Mapillaiurani Road and Sankaraperi Road.

3. The learned counsel for the Government of Tamil Nadu, appearing for Respondents 1 to 9, submitted that the petitioner had already filed a writ petition in W.P.(MD) No. 11872 of 2025 seeking the same relief. The learned Single Judge, by an order dated 25.04.2025, directed the authorities to enquire into the representation dated 01.04.2024 and, after hearing the petitioner as well as the fourth respondent therein, to pass orders as to whether there was any requirement for correction of the land measurements in the FMB, on merits and in accordance with law. Pursuant to this direction, an enquiry was conducted, and a detailed order was passed by the authorities rejecting the petitioner's claim by order dated 01.09.2025. Suppressing the earlier order passed by this Court, the petitioner has filed the present writ petition as a Public Interest Litigation.

4. We have perused the order of the learned Single Judge, wherein the petitioner sought the same relief regarding the measurement of the road. Pursuant to the Court's direction, the authorities considered 4/7

the various documents and passed the rejection order on 01.09.2025, which has not been challenged. Suppressing these facts, the present writ petition has been filed as a Public Interest Litigation. In view of this, we are not inclined to entertain the writ petition. Accordingly, the writ petition stands dismissed. If the petitioner is aggrieved by the rejection order, a remedy is available before the appropriate forum. No costs. [N.S.K., J.] & [M.J.R., J.] 01.06.2026 Index :Yes/No Internet :Yes am 5/7

To 1.The District Collector, Tuticorin District, Korampallam, Tuticorin 628 101.

2.The District Revenue Officer, District Collectorate, Tuticorin District, Korampallam, Tuticorin - 628 101 3.The Tahsildar Tuticorin, Tooveypuram 2nd Street, Tuticorin - 628 003.

4.The Director of Survey and Settlement, Survey House, Chepauk, Chennai - 600 005.

5.The Special Tahsildar (Land Acquisition), Collectorate Buildings, Korampallam, Tuticorin - 628 101.

6.The Chief Engineer, National High Ways, No 72, Sardar Patel Road, Highway Research Station, Integrated Chief Engineer Guindy, Chennai.

7.The Executive Engineer, State High Ways, Ettayauram Road, 4/1a, Sundaravelpuram West, K.T.C. Nagar, Tuticorin-628002.

8.The Executive Engineer, Public Works Department Buildings, C and M Division, Tuticorin 9.The Village Administrative Officer, Mappillaiurani Panchayat, Tuticorin Taluk, Tuticorin District.

6/7

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

am W.P.(MD)No.13769 of 2026 01.06.2026 7/7