J.Thomas v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY J.Thomas ... Petitioner Vs

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi District, Thoothukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents either to remove the Tar road and discharge channel laid over the petitioner`s land in 4132/2B situated at ward No 4, Block No. 32, Thangammal School Road, Polpettai, Thoothukudi district to an extent of 56.55 cents or initiate land acquisition proceedings under the Land Acquisition Act, 1894, by considering the petitioner`s representation dated 06.09.2025 within the period that may be stipulated by this Court.

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For Petitioner : Mr.M.Mohamed Zamil For M/s.Ajmal Associates For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 Mr.N.Anandakumar for R2

O R D E R

The petitioner asserts that the land in Town Survey No.4132/2 of an aggregate extent of 1 acre 26 cents originally belonged to his father and that such land was later subdivided into survey No.4132/2A of an extent of 69.45 cents and survey No.4132/2B of an extent of 56.55 cents. According to the petitioner, the second respondent illegally occupied the land in survey No.4132/2B and laid a tar road thereon. After submitting a representation to remove the said tar road, the present Writ Petition has been filed.

2. Learned Additional Government Pleader accepts notice for the first respondent and Mr.N.Anandakumar, learned Standing Counsel, accepts notice for the second respondent. Learned counsel for the second respondent submits that the representation would be considered and disposed of on merits within eight (8) weeks from the date of receipt of a 2/4

copy of this order.

3. Accordingly, without expressing any opinion on the merits, this Writ Petition is disposed of by directing the second respondent to consider and dispose of the petitioner's representation dated 06.09.2025 within eight (8) weeks from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner. No costs. NCS : Yes/No 05.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi District, Thoothukudi.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 05.11.2025 4/4