Kannan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.17009 of 2025 Kannan ... Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Block Development Officer (Village Panchayats), Virudhunagar Panchayat Union, Virudhunagar District.
3.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.
4.The Village Administrative Officer, V.Sundaralingapuram Village, Virudhunagar District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the Respondents 2 and 3 herein from constructing any building Survey No. 115, V.Sundaralingapuram village, Kottur post, Virudhunagar Taluk, Virudhunagar District in view of the representation dated 03.05.2025. 1/5
For Petitioner : Mr.M.Jothi Basu For R1, R3 & R4 : Mr.K.R.Badurus Zaman Government Advocate For R2 : Mr.F.Deepak Special Government Pleader
ORDER
This writ petition has been filed for a writ of Mandamus to forbear the respondents 2 and 3 from constructing any building in Survey No. 115, V.Sundaralingapuram village, Kottur post, Virudhunagar Taluk, Virudhunagar District by considering the petitioner's representation dated 03.05.2025.
2. The petitioner claims a right over the land in S.No.115 V.Sundaralingapuram village, Kottur post, Virudhunagar Taluk, Virudhunagar District. It appears that the petitioner submitted a representation dated 03.05.2025 to the respondents 2 and 3. However, it has not evoked any response.
3. The learned Government Advocate for the respondents submits that the work was entrusted to the Contractor as early as on 06.05.2024 for a total cost of Rs.30,00,000/-, for constructing the community hall. It is submitted 2/5
that barring the petitioner, none of the other villagers have raised any objections to the construction of the community hall. That apart, it is submitted that a substantial portion of the construction has already been completed. It is submitted that by putting up the community hall on the Government Poramboke land the petitioner has not been prejudiced. In any event, it is submitted that the petitioner does not have right to oppose the same.
4. Having considered the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, I am of the view that the petitioner's representation to stall the construction, which has commenced pursuant to the work order dated 06.05.2024 at this stage cannot be countenanced.
5. However, the petitioner may submit a representation to the respondents to look for alternate path in case the petitioner has any difficulty. In case such a representation is filed, the respondents 2 and 3 shall consider and pass appropriate orders. It is made clear that the construction shall not be stalled at any costs as it will involve escalation of the cost in construction of the community hall.
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6. The writ petition stands disposed of with the above observations. No costs. Consequently, the connected miscellaneous petition is closed. 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Block Development Officer (Village Panchayats), Virudhunagar Panchayat Union, Virudhunagar District.
3.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.
4.The Village Administrative Officer, V.Sundaralingapuram Village, Virudhunagar District.
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C.SARAVANAN, J.
sn W.P(MD).No.21920 of 2025 11.08.2025 5/5