A.Anuratha Sumathi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.22530 and 22531 of 2019 A.Anuratha Sumathi ... Petitioner Vs.

1.The Commissioner, Panchayat Union Office, Aundipatty, Theni District.

2.The Block Development Officer, Village Panchayats, Aundipatti Union, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, forbearing the respondents herein in any manner interfering with the peaceful possession and enjoyment of patta land of the petitioner measuring 6-1/2 cents in Survey No.81/9, T.Meenakshipuram, Thekkampatti Village, Kadamalaigundu, Periyakulam Taluk, Theni District, covered by a registered sale deed dated 24.09.1999 vide Doc.No.905 of 1999 and from cutting and removing the standing coconut trees therein.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) Apprehending that the respondent Panchayat is attempting to lay a road in Survey No.81/9, T.Meenakshipuram, Thekkampatti Village, Kadamalaigundu, Periyakulam Taluk, Theni District, the present Writ Petition has been filed.

2. According to the petitioner, the lands in Survey No.81/9 are patta lands belonging to the petitioner, which she had acquired through a registered sale deed dated 24.09.1999 vide Document No.905 of 1999.

3. The learned Government Pleader appearing for the respondents, on instructions, submitted that no road is being laid in Survey No.81/9 at present. The above statement is hereby recorded.

4. Since the petitioner claims that the lands in Survey No.81/9 were acquired by her through a registered sale deed and she has been granted with patta, the respondents, in case they intend to lay any road in Survey No.81/9,

due opportunity should be given to the petitioner before any action is taken and any representation given by the petitioner shall be given due consideration.

5. With the above observations, this Writ Petition stands closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(M.S.R.,J.) (A.D.M.C.,J.) 21.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Commissioner, Panchayat Union Office, Aundipatty, Theni District.

2.The Block Development Officer, Village Panchayats, Aundipatti Union, Theni District.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 21.01.2025