Madras High Court
Kandhasamy Chettiyar vs The District Collector on 7 September, 2022
W.P(MD)No.1469 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:07.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.1469 of 2015
and
M.P(MD)No.1 of 2015
Kandhasamy Chettiyar ... Petitioner
Vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Assistant Divisional Engineer,
Highways Department,
Madurai Road, Aruppukkottai.
3.The Tahsildar,
Aruppukkottai,
Virudhunagar District.
4.K.Ramasamy Pandian
5.Muthu Gounder ... 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 from taking any coercive steps to lay out any road in the
petitioner community's vacant land admeasuring 600 sq. ft out of 13
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1469 of 2015
acres ie., comprised in S.No.286/1 in Maravar Perungudi Village,
Aruppukottai Taluk, Virudhunagar District.
For Petitioner : Mr.M.Thirunavukkarasu
For Respondents : Mr.A.Baskaran
1 to 3 Additional Government Pleader
For 4thRespondent : Mr.P.Saravana Kumar
For 5thRespondent : Mr.R.Suresh Kumar
for M/s.Perfect Law Associates
ORDER
The present writ petition has been filed forbearing the respondents
from taking any coercive steps to lay any road in the petitioner
community's vacant land ad-measuring 600 sq.ft out of 13 acres
comprised in Survey No.286/1 in Maravar Perungudi Village,
Aruppukottai Taluk, Virudhunagar District.
2.According to the writ petitioner, an extent of 600 sq.ft in the
above said survey No.286/1 is a Kalam, used by the general public of the
said locality and the respondents 1 to 3 are attempting to lay a road in the
said Kalam without resorting to acquisition proceedings. In case, if the
road is laid in the said Kalam, the entire Kalam will get damaged and the
petitioner and his community members will be put to great hardship.
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W.P(MD)No.1469 of 2015
3.The learned counsel appearing for the petitioner also brought to
the notice of this Court that the village and community as plaintiff had
filed a suit in O.S.No.113 of 1987, on the file of the District Munsif
Court, Arupukkottai, as against the High Ways Department and the
Panchayat President, for declaration that the present land in dispute
belongs to the community members and for permanent injunction not to
lay a road over the said land. The suit was decreed on 23.03.1989.
4.The learned counsel appearing for the petitioner also brought to
the notice of the Court, another suit filed in O.S.No.400 of 2013 on the
file of the District Munsif Court, Aruppukottai by the community
members of the Maravar Perungudi Village as against the Government of
Tamil Nadu for the relief of permanent injunction that they should not
interfere in the right of the plaintiff in the enjoyment of the Kalam and
other community activities. The suit was decreed on 02.03.2016.
5.The learned counsel appearing for the petitioner has further
contented that only at of the instigation by the respondents 4 and 5, the
respondents 1 to 3 are attempting to lay a road over the Kalam, which is
a community property. Hence, he prayed for allowing the writ petition.
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W.P(MD)No.1469 of 2015
6.The learned Additional Government Pleader appearing for the
respondents 1 to 3 submitted that they have proposed to file an appeal as
against the judgment in O.S.No.400 f 2013.
7.The learned counsel appearing for the respondents 4 and 5 has
contended that they were not parties to the said suit and the said
judgment is not binding upon them.
8. I have carefully considered the submission made on either side.
9.The prayer sought for in the writ petition is to forbear the official
respondents from laying a road in Survey No.286/1 to an extent of 600
sq.ft, which according to the petitioner, belongs to the community and it
is being used as a Kalam by the said community. The issue was twice
settled by the civil Court in O.S.No.113 of 1987 and O.S.No.400 of
2013. In O.S.No.400 of 2013, the Government of Tamilnadu represented
by the District collector is the fourth defendant. Hence, the said
judgment is binding upon the State of Tamilnadu.
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W.P(MD)No.1469 of 2015
10.In view of the above said Civil Court judgments, the prayer
sought for in the writ petition stands allowed. No costs. Consequently,
the connected Miscellaneous Petition is closed.
07.09.2022
Index : Yes / No
Internet : Yes / No
vsg
To:
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Assistant Divisional Engineer,
Highways Department,
Madurai Road, Aruppukkottai.
3.The Tahsildar,
Aruppukkottai,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1469 of 2015
R.VIJAYAKUMAR ,J.
vsg
Order made in
W.P(MD)No.1469 of 2015
Dated:
07.09.2022
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