Judgment · High Court
Case at a glance
- Bench
- M SUNDAR
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 99.Be that as it may, reverting to the issue at hand, we find that the scope of the captioned WP is very limited and therefore, we take up the captioned WP with the consent of learned counsel for writ petitioner and both learned State counsel.
- Para 1010. This Court deems it appropriate to direct the second respondent (Tahsildar) to conduct a survey of said lands as well as Government land, after putting on notice writ petitioner, permit the writ petitioner to be present throughout the survey, draw up a survey report…
Judgment
W.P.No.31480 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.08.2025CORAM:THE HONOURABLE MR. JUSTICE M. SUNDARANDTHE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDARW.P.No.31480 of 2025R. KarthikeyanPetitionervs.
The Inspector of Panchayats-cum-District CollectorTiruvallur 602 0012.The TahsildarTiruvallur Taluk OfficeJN Road, NH 716Tiruvallur Chennai 602 0013.The Block Development OfficerPanchayat UnionPoonamalleeTiruvallur District 600 0564.The PresidentKannapalayam PanchayatOffice of Panchayat UnionPoonamallee Panchayat UnionTiruvallur District 600 0565.The Public Works DepartmentPWD EstateChepaukTriplicaneChennai 600 005RespondentsPage 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 2025 Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to dispose of the petitioner's representation dated 25.09.2024 and further directing the respondents to remove the road laid in the petitioner's patta land and to re-lay the road along the battai in Survey No.177 in consonance with the FMB sketch. For petitionerMs. P. ShanthiniFor RR 1,2 & 5Mr. T.K. SaravananAddl. Govt. PleaderFor RR 3 & 4Mr. R. KumaravelAddl. Govt. PleaderORDER(made by M. SUNDAR, J.)Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is land comprised in 'Survey Nos.186/6 and 186/7 in Kannapalayam Village, Poonamallee Taluk, Tiruvallur District' [hereinafter 'said lands' for the sake of convenience and clarity].
'Survey No.177 in Kannapalayam Village, Poonamallee Taluk, Tiruvallur District' shall hereinafter be referred to as 'Government land'.Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 20253.The complaint of the writ petitioner is that road has been laid in said lands, which, according to writ petitioner, belongs to him (private patta lands). Further limb of the prayer is to re-lay the road in Government land.
Issue notice to respondents.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for respondents 1, 2 and 5 and Mr. R. Kumaravel, learned Additional Government Pleader, accepts notice for respondents 3 and 4.
Mr. R. Kumaravel, learned State counsel for respondents 3 and 4 points out that writ petitioner came to this Court earlier with the same prayer vide W.P.No.4369 of 2020 and it was dismissed as withdrawn by a Single Bench vide order dated 24.02.2020.
This Court perused the order dated 24.02.2020 and the same reads as follows: Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 2025 Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 2025 Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 2025 Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 20258.After this 24.02.2020 order, writ petitioner has sent a representation dated 25.09.2024 to the first respondent (Inspector of Panchayats) with copies marked to respondents 2,3 and 4 (Tahsildar, Block Development Officer and President, Kannapalayam Panchayat, respectively) and therefore, we do not find earlier writ petition to be an impediment qua captioned WP.
Be that as it may, reverting to the issue at hand, we find that the scope of the captioned WP is very limited and therefore, we take up the captioned WP with the consent of learned counsel for writ petitioner and both learned State counsel.
This Court deems it appropriate to direct the second respondent (Tahsildar) to conduct a survey of said lands as well as Government land, after putting on notice writ petitioner, permit the writ petitioner to be present throughout the survey, draw up a survey report and furnish a copy of the survey report to the writ petitioner. This exercise shall be completed as expeditiously as the official business of second respondent permits but in any event, within 12 weeks from today, i.e., on or before 13.11.2025.Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 202511.In the survey report, if it comes to light that road has been laid in said lands, writ petitioner shall be paid compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or the road shall be removed and re-laid in Government land. This will depend on what unfurls in the survey report and other attendant circumstances. 12. Captioned WP stands disposed of in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (H.C., J.)21.08.2025cadIndex : Yes/NoNC : Yes/NoPage 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 2025To1.The Inspector of Panchayats-cum-District CollectorTiruvallur 602 0012.The TahsildarTiruvallur Taluk OfficeJN Road, NH 716Tiruvallur Chennai 602 0013.The Block Development OfficerPanchayat UnionPoonamalleeTiruvallur District 600 0564.The PresidentKannapalayam PanchayatOffice of Panchayat UnionPoonamallee Panchayat UnionTiruvallur District 600 0565.The Public Works DepartmentPWD EstateChepaukTriplicaneChennai 600 005Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.31480 of 2025M. SUNDAR, J.andHEMANT CHANDANGOUDAR, J.cadW.P.No.31480 of 202521.08.2025Page 10 of 10
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