[Cites 1, Cited by 0]
Madras High Court
S.Rajeshwari vs The State Of Tamilnadu on 24 March, 2026
Author: S.Srimathy
Bench: S.Srimathy
W.P.(MD)No.7813 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.03.2026
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.7813 of 2026
and WMP(MD).No.6385 of 2026
S.Rajeshwari ... Petitioner
Vs.
1 .The State of Tamilnadu
Rep. by its Principal Secretary,
Highways and Minor Ports Department,
Chennai - 600009.
2. The District Collector,
O/o. District Collector,
Virudhunagar District.
3. The Special District Revenue Officer (Land Acquisition)
Tamil Nadu Urban Development Project - II
Thiruchirapalli.
4. The Special District Revenue Officer (Land Acquisition)
Highways Department
Madurai.
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W.P.(MD)No.7813 of 2026
5. The Spl.Tahsildar
Land Acquisition Unit
First Floor
Tahsildar Office
Virudhunagar District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, calling for the records pertaining to the impugned
15 (1) Notification vide No. VI(1)/172(a-3)/2023 published in the Tamil Nadu
Government Gazette Extraordinary No.86 dated 09.03.2023 consequential notice
issued. U/s.19 (2) dated 21.04.2025, quash the same as illegal and
consequentially direct the respondents by restraining them from taking possession
or disturbing the Petitioners property in S.No.1230/1A1A to an extent of 2.25
cents (994.5 Sq. Feet) and grant such further or other orders as this Court may
deem fit and proper in circumstances of this case and render justice.
For Petitioners : Mr.S.Balaji Nivas
For Respondents : Mr.D,Gandhiraj
Special Government Pleader
ORDER
This petition has been filed seeking to call for the records pertaining
to the impugned 15 (1) Notification vide No. VI(1)/172(a-3)/2023 published in
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the Tamil Nadu Government Gazette Extraordinary No.86 dated 09.03.2023
consequential notice issued. U/s.19 (2) dated 21.04.2025, quash the same as
illegal and consequentially direct the respondents by restraining them from taking
possession or disturbing the Petitioners property in S.No.1230/1A1A to an extent
of 2.25 cents (994.5 Sq. Feet).
2. Today, when the matter was taken up for hearing, the learned counsel
for the petitioner submitted that Section 19(5) dated 24.07.2025 is incorrectly
mentioned in the prayer portion. Therefore, he requests to modify as Section
19(2) dated 21.04.2025. The submission made by the learned counsel for the
petitioner is recorded.
3. The petitioner has challenged the impugned order, which is the
Gazette Publication issued by the Commissioner of Land Administration,
Chepauk, Chennai, regarding the acquisition of lands for the laying a road under
the State Highways. The petitioner’s survey number is located in Virudhunagar
District, Tiruthangal Taluk, Serial No. 1. The petitioner seeks to quash the
Gazette Publication, as it lists the landowners as Mariyappan Nadar and 10
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others. The petitioner had purchased the land from Mariyappan Nadar and the
other 10 individuals in the year 2010, under Document No. 324 of 2010, dated
22.01.2010. However, after the purchase, the petitioner did not complete the
process of mutating the revenue records, and as a result, the land is still listed
under the name of Mariyappan Nadar. Therefore, the petitioner’s name does not
found in the Gazette Publication.
4. The learned Special Government Pleader, on instructions, submitted
that if the petitioner has purchased the property, he should have ensured the
mutation of the revenue records. However, the respondents are ready and willing
to grant the petitioner an opportunity to establish his title over the property. This
statement is recorded.
5. Considering the facts and circumstances of the case, the Court directs
the petitioner to appear before the 4th respondent on 26.03.2026 with all relevant
documents, and participate by presenting all records to establish ownership of the
property. The 4th respondent shall take this into account, notwithstanding the
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petitioner's failure to complete the mutation process, and shall pass appropriate
orders at the time of the hearing.
6. With the above directions, this Writ Petition is disposed of.
Consequently, connected miscellaneous petition is closed. No costs.
24.03.2026
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Index : Yes / No
Internet : Yes
NCC : Yes / No
msrm
Note: Issue order copy on 25.03.2026
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To
1. The Principal Secretary,
Highways and Minor Ports Department,
Chennai - 600009.
2. The District Collector,
O/o. District Collector,
Virudhunagar District.
3. The Special District Revenue Officer (Land Acquisition)
Tamil Nadu Urban Development Project - II
Thiruchirapalli.
4. The Special District Revenue Officer (Land Acquisition)
Highways Department
Madurai.
5. The Spl.Tahsildar
Land Acquisition Unit
First Floor
Tahsildar Office
Virudhunagar District.
6. The Special Government Pleader,
Madurai Bench of Madras High Court,
Madurai
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S.SRIMATHY, J
msrm
Order made in
24.03.2026
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