Parthiban v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.15966 of 2025 Parthiban Petitioner(s) Vs 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Kandharvakottai Taluk, Pudukkottai District.

3.The Block Development Officer, Kandharvakottai, Pudukkottai District.

4.The Inspector of Police, Kandharvakottai Police Station, Pudukkottai District.

5.KRN.Ramesh Respondent(s) 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 from forming a road in S.F.No.28/1 and 28/6 of Vadugapatti Village, Kandharvakottai Taluk, Pudukkottai District, more than its actual extent about 2.4 meters as per the revenue records, FMB of S.F.No.28/1 of 28/6 of vadugapatti Village, Kandharvakottai Taluk, Pudukkottai District by considering the petitioner's representation dated 16.07.2025 within the time stipulated by this Court.

For Petitioner : Mr.R.Paranjothi for M/S.KBS Law Office For Respondents : Mr.S.Shanmugavel, (for R1 & R2) Additional Government Pleader Mr.S.R.A.Ramachandran (for R3) Mrs.M.Aasha, (for R4) Government Advocate (Crl. Side)

ORDER

This writ petition is filed for Writ of Mandamus, forbearing the respondents 1 to 3 from forming road in S.F.No.28/1 and 28/6 of Vadugapatti Village, Kandharvakottai Taluk, Pudukkottai District, beyond the actual road, which is in existence, by considering the petitioner's representation dated 16.07.2025. 2.The contention of the petitioner is that there is a narrow pathway and the respondents is trying to lay Thar road by widening the pathway. In the process, the respondents are encroaching the petitioner's land. 2/5

3.The learned Additional Government Pleader appearing for the respondents 1 to 3 on written instructions, submitted that the survey is being conducted and they have intended to lay a road as per the record. The respondents are not intended to widen the road but, intended to lay road as per the revenue records.

4.After hearing the rival submissions, this Court is of the considered opinion that the respondent is entitled to lay a road in the pathway as stated in the revenue records. However, if the respondents intended beyond the existing pathway, they can do so after acquisition proceedings. 5.With the above observations, this writ petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 30.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg Note:Issue Order Copy on 31.07.2025.

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To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Kandharvakottai Taluk, Pudukkottai District.

3.The Block Development Officer, Kandharvakottai, Pudukkottai District.

4.The Inspector of Police, Kandharvakottai Police Station, Pudukkottai District.

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S.SRIMATHY , J.

Vsg ORDER MADE IN DATED : 30.07.2025 5/5