Balraj R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.16069 of 2025 and W.M.P(MD)No.12161 of 2025 R.Balraj ..Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Block Development Officer, Viralimalai, Pudukkottai District.

3.The Mandaiyur Village Panchayat, Through its Executive Officer, Viralimalai Taluk, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents take immediate and appropriate action to ensure the petitioner's access to Tiruchy - Iluppur main road and also the water supply through the existing pathway situated in S.No.301/6, Singathakurichi Village, Kulathur Taluk, Pudukottai District and restore the said pathway for public use including petitioner to his lands in S.No.301/7.

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For Petitioner : Mr.V.R.Shanmuganathan For Respondent : Mr.K.R.Badurus Zaman Govt. Advocate (for R1) Mr.M.Senthil Ayyanar (R2 and R3) Govt. Advocate

ORDER

The petitioner seeks a direction to the respondents take immediate and appropriate action to ensure the petitioner's access to Tiruchy - Iluppur main road and also the water supply through the existing pathway situated in S.No.301/6, Singathakurichi Village, Kulathur Taluk, Pudukottai District and restore the said pathway for public use including petitioner to his lands in S.No.301/7.

2. Mr.K.R.Badurus Zaman, learned Government Advocate, takes notice for the first respondent and Mr.M.Senthil Ayyanar, learned Government Advocate, takes notice for the respondents 2 and 3. By consent of both sides, this writ petition is taken up for final disposal at the admission stage.

3. It is informed by the learned counsel for the petitioner that the respondents are putting up an Anganwadi in the Natham property in S.No.301/6. It is the further case of the petitioner that on account of the construction that has been put up by the respondents, the 2/5

petitioner's land is going to be hand-locked. The petitioner will not have access to the same.

4. On the other hand, the learned Government Advocate appearing for the respondents 2 and 3 would submit that the construction is being put up on the Natham land and there is adequate place for the petitioner to move from his land in S.No.301/7 and that there is no impediment for the petitioner to access the aforesaid road.

5. It is seen that there are civil disputed question of fact, and therefore, this writ petition cannot be entertained. However, it is open to the petitioner to workout his remedy before the civil court in a manner known to law. It is also open to the petitioner to move an interim application for appropriate relief of mandatory injunction in case the petitioner's access to the main road is denied by the respondents on account of the construction.

6. With the above said liberty, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed. 16.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes 3/5

skn To 1.The District Collector, Pudukkottai District.

2.The Block Development Officer, Viralimalai, Pudukkottai District.

3.The Mandaiyur Village Panchayat, Through its Executive Officer, Viralimalai Taluk, Pudukkottai District.

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C.SARAVANAN, J.

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