Seetha @ Seethalakshmi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Seetha @ Seethalakshmi ... Petitioner Vs
1. The District Collector, O/o.District Collector, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, O/o.Revenue Divisional Office, Aruppukottai,
3. The Tahsildar,
4. The Block Development Officer, Narikudi Union, Tiruchuli Taluk,
5. The President, Pillaiyarnatham Village Panchayat, Panaiyur Post,
6. The Assistant Executive Engineer (Rural), Tiruchuli Road, Aruppukottai.
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7. The Assistant Engineer (Distribution), Tiruchuli.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the tar road laid in the petitioner patta land in Survey No.126/7 situated at Panaiyur Revenue Village, Tiruchuli Taluk, Virudhunagar District, within the time frame fixed by this Court in this writ petition and consequently, direct them to pay the compensation to the petitioner for causing damages to the petitioner land and causing inconvenient to the petitioner's access and consequently, direct the 6th and 7th respondents to shift the electricity poles runs through the petitioner's patta land in Survey No.126/7 to cart track in Survey No.126/8. For Petitioner : Mr.I.Suthakaran For R-1 to R-5 : Mr.M.Lingadurai Special Government Pleader For R-6 & R-7 : Mr.S.Deenadhayalan
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to remove the tar road laid in the petitioner's patta land in Survey No.126/7 situated at Panaiyur Revenue Village, Tiruchuli Taluk, Virudhunagar District, and consequently, direct them to pay the compensation to the petitioner for causing damages to the petitioner land and 2/6
causing inconvenient to the petitioner's access and consequently, direct the 6th and 7th respondents to shift the electricity poles runs through the petitioner's patta land in Survey No.126/7 to cart track in Survey No.126/8.
2. The brief facts are that the petitioner is the owner of the land in Survey No.126/7. Survey No.126/8 is classified as a cart track as per the revenue records. However, the fifth respondent instead of laying the road on the cart track in Survey No.126/8, has laid the road in the petitioner's land in Survey No.126/7. Since it is a factual matrix, a survey is necessary.
3. Therefore, the third respondent is directed to issue notice to the petitioner as well as to the fifth respondent, conduct a survey and demarcate the petitioner's land. If the road is laid in the petitioner's land in Survey No.126/7, then the fifth respondent shall to remove the same. The official respondents are permitted to take police protection for conducting the survey. After the survey, the petitioner is entitled to fence his land. As far as the removal of electricity pole is concerned, the petitioner shall file a separate application before the official respondents and the same shall be processed as per the TANGEDCO rules. The official respondents shall pass orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. Mr.Kasikumar, Assistant Panchayat, appeared before this Court.
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4. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.
30.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:
1. The District Collector, O/o.District Collector, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, O/o.Revenue Divisional Office, Aruppukottai,
3. The Tahsildar,
4. The Block Development Officer, Narikudi Union, Tiruchuli Taluk, 4/6
5. The President, Pillaiyarnatham Village Panchayat, Panaiyur Post,
6. The Assistant Executive Engineer (Rural), Tiruchuli Road, Aruppukottai.
7. The Assistant Engineer (Distribution), Tiruchuli.
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S.SRIMATHY , J.
jbr ORDER MADE IN DATED : 30.07.2025 6/6