Selvi R v. The District Collector
-BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.13922 & 13924 of 2025
1. R.Selvi
2. S.Rajakumari ... Petitioners Vs.
1.The District Collector Collectorate Building, Trichy District, Trichy.
2.The Revenue Divisional Officer, Lalgudi Division, Lalgudi, Trichy District.
3.The Tahsildar Lalgudi Taluk, Trichy District.
4.The Block Development Officer Block Development Office, Pullampaadi Union, Lalgudi Taluk, Trichy District.
5.The Executive Officer Oottathur Village Panchayat, Lalgudi Taluk, Trichy District.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider and dispose of the petitioners representations dated 22.03.2025 and 05.05.2025 in accordance with law, and to restrain them from proceeding with any construction or road laying activity over the petitioners patta land situated in Survey Nos. 180/1A1 and 180/1A3, Uthathur Village, Lalgudi Taluk, Tiruchirappalli District, without following due process.
For Petitioner : Mr.S.B.Kayvin Prince For R1 to R4 : Mr.M.Lingadurai, Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to consider and dispose of the petitioners' representations dated 22.03.2025 and 05.05.2025 in accordance with law, and restrained the respondents from putting up any construction or road laying activity over the petitioners' patta land in Survey Nos.180/1A1 and 180/1A3, Uthathur Village, Lalgudi Taluk, Tiruchirappalli District, without following due process.
2. On instructions, the learned Special Government Pleader appearing for respondents 1 to 4 submitted that the road has been in existence for the past 30 years. However, this contention was vehemently opposed by the petitioners stating that the road is not shown in the FMB sketch. 2/5
3. Considering the facts and circumstances of the case, the 3rd respondent/Tahsildar is directed to conduct a survey based on the documents available with the petitioners and thereafter pass an appropriate order, after issuing notice to respondents 4 and 5. Until such time, the respondents shall not lay any road. In the event the respondents intend to lay the road through the petitioners' patta land, the same shall be done only after proper acquisition, in accordance with law by following due procedure.
4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
03.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa 3/5
To:
1.The District Collector Collectorate Building, Trichy District, Trichy.
2.The Revenue Divisional Officer, Lalgudi Division, Lalgudi, Trichy District.
3.The Tahsildar Lalgudi Taluk, Trichy District.
4.The Block Development Officer Block Development Office, Pullampaadi Union, Lalgudi Taluk, Trichy District.
5.The Executive Officer Oottathur Village Panchayat, Lalgudi Taluk, Trichy District.
4/5
S.SRIMATHY , J.
Ksa ORDER MADE IN DATED : 03.07.2025 5/5