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Madras High CourtWP(MD)/18822/2025allowed

Marikannu v. The District Collector,

2025-07-18Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.14464 & 14465 of 2025

1. Marikannu

2. Anjalai ... Petitioners Vs

1. The District Collector, Pudukkottai District.

2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukkottai District.

3. The Tahsildar, Illupur Taluk, Pudukkottai District.

4. The Assistant Divisional Engineer(H), NABARD and Rural Roads, Pudukkottai District.

5. The Block Development Officer, Illupur Taluk, Pudukkottai District.

... Respondents (R-5 is suo motu impleaded vide court order dated 18.07.2025 in W.P(MD)No.18822 of 2025) 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 restore the patta land by the petitioners in S.No.10/20 of Leknampatti Village, Illupur Taluk, Pudukkottai District, to its original position by considering the petitioner's representation dated 18.06.2025.

For Petitioners : Mr.B.Sekar For R-1 to R-4 : 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 restore the patta land by the petitioner in S.No.10/20 of Leknampatti Village, Illupur Taluk, Pudukkottai District, to its original position by considering the petitioners' representation dated 18.06.2025.

2. The learned Special Government Pleader appearing for the respondents submitted that the road belongs to the Panchayat and that the appropriate authority is the Block Development Officer, Illupur.

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3. Accordingly, the Block Development Officer, Illupur Taluk, Pudukkottai District, is suo motu impleaded as the fifth respondent in this writ petition.

4. The learned Special Government Pleader further submitted that, on verification, it was found that the land belongs to the petitioners and the same is a patta land. It is also admitted that there exists a pathway nearby belonging to the local body. Therefore, the respondents shall lay or modify the road in the said pathway belonging to the local body, by removing the road which is laid in the petitioners' patta land.

5. In view of the above, the respondents are directed to survey the land demarcate the petitioners' patta land and the pathway belonging to the local body. Thereafter, the respondents shall take appropriate decisions based upon the survey. It is made clear that if the respondents are taking possession to lay road in the petitioners' patta land, then the respondents shall do so only after acquiring the land in accordance with law. In case, if the respondents decide to lay the road in the pathway belonging to the local body, the respondents are at liberty to proceed accordingly..

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6. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Collector, Pudukkottai District.

2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukkottai District.

3. The Tahsildar, Illupur Taluk, Pudukkottai District.

4. The Assistant Divisional Engineer(H), NABARD and Rural Roads, Pudukkottai District.

5. The Block Development Officer, Illupur Taluk, Pudukkottai District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 18.07.2025 5/5