R.Soundrapandian v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2025
CORAM:
THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.31026 of 2025 and W.M.P(MD)No.24430 of 2025 R.Sounrapandian ... Petitioner Vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Block Development Officer, Kariappatti, Virudhunagar District.
3. The Tahsildar, Kariappatti, Virudhunagar District.
4. The Assistant Director, District Panchayat Camp, Collectorate Complex, Virudhunagar-626 002 ... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS forbearing the 2nd and 3rd respondents from laying of road in the petitioner's patta land comprising in Survey Nos.177/5C and 177/2C situated in Azhakianallur Village, Kariappatti Taluk, Virudhunagar District by considering the petitioner's representation sent to the respondents dated 25.10.2025. For Petitioner : Mr.L.Prabhu For R1, R3 and R4: Mr.A.Kannan Additional Government Pleader For R2 : Mr.D.Gandhirajan
ORDER
This writ petition has been filed seeking to forbear the 2nd and 3rd respondents from laying a road in the petitioner's patta land comprising in Survey Nos.177/5C and 177/2C situated in Azhakianallur Village, Kariappatti Taluk, Virudhunagar District by considering the petitioner's representation sent to the respondents dated 25.10.2025.
2. Mr.A.Kannan, learned Additional Government Pleader takes notice on behalf of the respondents 1, 3 and 4 and Mr.D.Gandhirajan, learned Special Government Pleader takes notice on behalf of the 2nd respondent.
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3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.
4. The facts as set out in the affidavit filed in support of the writ petition reads as follows:- The petitioner would submit that his father was in possession and enjoyment of the property in S.No.177/5C, measuring an extent of 3.75 cents at Azhakianallur Village, Kariappatti Taluk and in joint possession of the property in S.No.177/2C, measuring an extent of 2.50 cents at Azhakianallur Village, Kariappatti Taluk. Patta to the said properties also stands in the name of the petitioner's father in Patta No.3544 and 1572. Subsequent to his death, the property in S.No.177/5C has been allotted to the petitioner on 19.07.2023. He would submit that he is also entitled to a share in S.No.177/2C. At this juncture, the respondents 2 and 3 have proposed to lay a road in the above mentioned property. 3/6
5. He would further submit that without issuing prior notice and without acquiring the land as per law, the respondents 2 and 3 proposed to lay a road on the petitioner's property is in gross violation of the principles of natural justice.
6. He would further submit that he has also sent a representation to the respondents on 25.10.2025. However, the same has not been considered. Therefore, the petitioner has come before this Court.
7. Heard the learned counsel on either side.
8. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the matter, the respondents 2 and 3 are directed to consider the representation of the petitioner dated 25.10.2025 and pass final orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. However, it is made clear that till such time the respondents shall not lay the road at the petitioner's property. 4/6
9. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Block Development Officer, Kariappatti, Virudhunagar District.
3. The Tahsildar, Kariappatti, Virudhunagar District.
4. The Assistant Director, District Panchayat Camp, Collectorate Complex, Virudhunagar-626 002 5/6
P.T.ASHA, J.
rgm W.P.(MD).No.31026 of 2025 and W.M.P(MD)No.24430 of 2025 03.11.2025 6/6