Ramamoorthy vs The District Collector
2025 Latest Caselaw 3378 Mad

Citation : 2025 Latest Caselaw 3378 Mad
Judgement Date : 27 February, 2025

Madras High Court

Ramamoorthy vs The District Collector on 27 February, 2025

                                                                                     W.P(MD)No.4553 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 27.02.2025

                                                       CORAM

                        THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                     Writ Petition(MD)No.4553 of 2023

                Ramamoorthy
                                                                                          ..Petitioner

                                                            Vs

                1.The District Collector
                  Virudhunagar,
                  Virudhunagar District.

                2.The Executive Officer,
                  Mallanginaru Town Panchayat Office,
                  Kariyapatti,
                  Virudhnagar District.                                                    ..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 to
                consider the petitioner's representation dated 18.02.2023 to form the road in
                S.No.434/13 which is classified as a street after earmarking his property at
                S.No.434/42 in Mallanginaru Village at Kariyapatti Taluk, Virudhunagar
                District and thereby leaving the petitioner's property from the formation of
                road.




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                                                                                        W.P(MD)No.4553 of 2023

                                       For Petitioner          : Mr.G.Mariappan

                                       For Respondents : Mr.S.Shaji Bino
                                                         Spl. Govt. Pleader (for R1)


                                                            ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the

respondents to consider his representation dated 18.02.2023 to form the road in

S.No.434/13, which is classified as a street, after earmarking his property at

S.No.434/42 in Mallanginaru Village at Kariyapatti Taluk, Virudhunagar

District, and thereby leaving his property from the formation of the road.

2. The case of the petitioner is that the property situated in S.No.434/42

of Mallanginaru Village at Kariyapatti Taluk, Virudhunagar District, was given

in assignment by the Government, to be used as a house site. Similar

assignments were made in favour of the petitioner's brothers with respect to

S.Nos.434/41 and 434/43. As the third parties were attempting to interfere with

their possession, the petitioner, along with his brothers, presented O.S.No.

49/2012 on the file of the Sub Court at Aruppukkottai. The suit was decreed.

Thereafter, in February 2023, the second respondent/Executive Officer,

Mallanginaru Town Panchayat, encroached upon the property situated at S.Nos.

434/41, 434/42 and 434/43. The reason for the Executive Officer to have

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visited the site was because he was proposing to lay a road over S.No.434/13.

The petitioner objected to the road being laid over their property. They

registered their protest by sending a representation to the respondents on

18.02.2023. As no action had been taken, the petitioner came forward with the

present writ petition.

3. Taking note of the fact that the petitioner pleaded that the respondents

are attempting to interfere with their possession over the property assigned to

them, I requested Mr.S.Shaji Bino, learned Special Government Pleader

appearing for the first respondent/District Collector, Virudhunagar District, to

direct the Tahsildar of Kariapatti Taluk to conduct a survey and submit a report.

Mr.S.Shaji Bino had given appropriate direction to the Tahsildar and the

Tahsildar has submitted a report dated 27.02.2025 to this Court. There is a plan

annexed to the said report.

4. In terms of the report of the Tahsildar, the second respondent has laid a

road to an extent of one meter on one side and 1.2 meter on the other side. The

second respondent has laid a road over the property in S.No.434/42. For the

ready reference, the report and plan of the Tahsildar are extracted hereunder:-

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:08:00 pm )

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5. The report and plan show that the second respondent has infringed the

property right of the petitioner. Hence, there shall be a direction to the second

respondent not to interfere with the possession of the petitioner over the land

situated at S.No.434/43, Mallanginaru Village, except in accordance with law.

6. At this stage, Mr.S.Krishnakumar pleaded that he represents the 7th

defendant in O.S.No.49 of 2012 on the file of the Sub Court, Aruppukottai, and

he wants to implead the 7th defendant as a party to this proceedings. He pleads

that he has preferred an appeal against the judgment and decree in O.S.No.49 of

2012 to the file of the learned Additional District Judge, Virudhunagar in

A.S.No.28 of 2021 and states that any order passed in this writ petition will

affect his interest.

7. The scope of the writ petition is only to find out whether the second