Anandan Vs The Secretary to the Government of Tamil… — Writ and Judicial Review | Madras HC (2025)

Anandan Vs The Secretary to the Government of Tamil… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Respondents directed to consider the petitioner's representation dated 28.03.2025 and pass orders in accordance with law within eight weeks from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether the respondents should be restrained from laying a road through the petitioner's property in Survey No.655/8, Kottathur Village, Thuraiyur Taluk, Trichy District, and directed to consider the petitioner's representation dated 28.03.2025.

Ratio / Principle

When there is an objection from the petitioner, the objection ought to be heard by the respondents and thereafter an order ought to be passed.

Key takeaways

Without expressing any opinion on the merits, the Court directed the respondents to consider the petitioner's representation dated 28.03.2025 and pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the order.ratio¶24
With the above observations, the Writ Petition is disposed of.ratio¶29
There shall be no order as to costs.ratio

Detailed headnote1 paragraphs

Mandamus petition under Article 226 of the Constitution of India (W.P(MD)No.13834 of 2025, Madurai Bench of Madras High Court, decided 03.06.2025 by S.Srimathy, J.). Petitioner Anandan prayed that the respondents (Adi Dravidar and Tribal Welfare authorities, Government of Tamil Nadu) be forbidden from laying a road through his property in Survey No.655/8, Kottathur Village, Thuraiyur Taluk, Trichy District, and that his representation dated 28.03.2025 be considered. The learned Special Government Pleader submitted that the respondents are laying a new road in the Adi Dravidar Colony and a portion of the petitioner's land falls within it. The Court, without expressing any opinion on the merits, held that where there is an objection from the petitioner it ought to be heard by the respondents and an order passed, and directed the respondents to consider the representation dated 28.03.2025 and pass orders in accordance with law within eight weeks from receipt of a copy of the order. Writ Petition disposed of; no order as to costs.

W.P(MD)No.13834 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.13834 of 2025

Anandan

... Petitioner

vs.

1.The Secretary to the Government of Tamil Nadu, The Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai – 9.

The District Collector, Trichy District, Trichy.

3.The District Adi Dravidar Welfare officer, Trichy District, Trichy.

The Special Thasildar, Adi Dravidar Welfare,

Thuraiyur, Trichy District. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents from laying the road in petitioner's property in Survey No.655/8 situated at Kottathur Village, Thuraiyur Taluk, Trichy District, by considering the petitioner's representation, dated 28.03.2025, within the time stipulated as prescribed by this Court.

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W.P(MD)No.13834 of 2025

For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of

Mandamus, to forbear the respondents from laying the road in petitioner's property in Survey No.655/8 situated at Kottathur Village, Thuraiyur Taluk, Trichy District, by considering the petitioner's representation, dated 28.03.2025, within the time stipulated as prescribed by this Court.

2.The learned Special Government Pleader appearing for the respondents submitted that the respondents are laying new road in the Adi Dravidar Colony and a portion of petitioner's land is coming while laying within the road.

3.Therefore, this Court is of the considered opinion that when there is an objection from the petitioner, the same ought to be heard by the respondents and thereafter, an order ought to be passed. Therefore, this Court without expressing any opinion on the merits of the case is directing the respondents to consider the petitioner's representation, dated 28.03.2025 and pass orders in accordance to law within a period of eight weeks from the date of receipt of a

copy of this order.

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W.P(MD)No.13834 of 2025

4.With the above observations, this Writ Petition is disposed of.

There shall be no order as to costs.

03.06.2025

NCC : Yes / No Index : Yes / No Internet : Yes

Tmg

To:

1.The Secretary to the Government of Tamil Nadu, The Adi Dravidar and Tribal Welfare Department, Secretariat,

Chennai – 9.

The District Collector, Trichy District, Trichy.

3.The District Adi Dravidar Welfare officer, Trichy District, Trichy.

The Special Thasildar, Adi Dravidar Welfare, Thuraiyur, Trichy District.

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W.P(MD)No.13834 of 2025

S.SRIMATHY, J.

Tmg

ORDER MADE IN W.P(MD)No.13834 of 2025

DATED : 03.06.2025

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