A.Shanmuga Sundaram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.14430 of 2025 and W.M.P(MD)No.10624 of 2025 A.Shanmuga Sundaram

...Petitioner

Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2. The District Revenue Officer, Tenkasi District, Tenkasi.

3. The Revenue Divisional Officer, Tenkasi, Tenkasi District.

4. The Tahsildar, Alangulam Taluk, Tenkasi District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from laying a road with the private patta land of the petitioner in S.No.274/4, 274/6 and 274/11 situated in Kavalakurichi village, Alangulam Taluk, Tenkasi District . For Petitioner : Mr.Jeyamohan For Respondents : Mr. S.Shanmugavel Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus forbearing the respondents from laying a road with the private patta land of the petitioner in S.No.274/4, 274/6 and 274/11 situated in Kavalakurichi village, Alangulam Taluk, Tenkasi District .

2. The Learned Additional Government Pleader appearing for the respondents submitted that the said road is a 'Nilaviyal Salai', which is being used by the general public as a pathway to the burial ground. As of now, there is no proposal to lay any permanent road in the said 'Nilaviyal Salai'. The instructions given by the Revenue Divisional Officer are recorded.

3. Moreover, the petitioner has filed an undertaking affidavit stating that if the respondents continue to maintain the road as a 'Nilaviyal Salai', he has no objection. The same is recorded.

4. Therefore, the respondents are directed to maintain the 'Nilaviyal Salai' alone. If there is any future proposal to lay a road, the respondents are at liberty to do so only after initiating acquisition proceedings, in case any portion of the petitioner's land is required for laying the road. 2/4

5. With these observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

16.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1.The District Collector, Tenkasi District, Tenkasi.

2. The District Revenue Officer, Tenkasi District, Tenkasi.

3. The Revenue Divisional Officer, Tenkasi, Tenkasi District.

4. The Tahsildar, Alangulam Taluk, Tenkasi District.

3/4

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.14430 of 2025 DATED : 16.07.2025 4/4