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Malarvizhi v. The District Collector

Madras HC12 Feb 2025WP(MD)/3708/2025

Case brief

AI extract

What is this about?

Writ petition (Article 226, Mandamus) closed without adjudication; forbearing laying of metal road; Survey No.62/7A; 0.095 Hectare; Maravamangalam Village; Kalaiyarkovil Taluk; Sivagangai District; petitioner Malarvizhi; representation dated 01.02.2025; respondents District Collector, Tahsildar, Block Development Officer, Taluk Surveyor, Village Administrative Officer; Additional Government Pleader submission; no interference with possession and enjoyment; due process of law assurance; Justice Mummineni Sudheer Kumar; Madurai Bench of Madras High Court; 12.02.2025; no order as to costs; connected W.M.P.(MD)No.2665 of 2025.

What did the court decide?

No substantive relief; writ petition and connected miscellaneous petition closed with no order as to costs. ¶33

Malarvizhi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; writ petition and connected miscellaneous petition closed with no order as to costs.

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Issue for consideration

Whether the respondents' proposed road-laying interferes with the possession of the agricultural land admeasuring 0.095 hectare in Survey No.62/7A, Maravamangalam Village, Kalaiyarkovil Taluk, Sivagangai District, and whether a Writ of Mandamus should issue forbearing the 3rd respondent from laying the metal road in that land.

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Ratio / Principle

Court duly placed on record the Additional Government Pleader's submissions - that the respondents are not laying road in the petitioner's land but in the adjacent land, that they have in no way interfered with the petitioner's possession and enjoyment of the subject land, and that if they intend to lay road through the petitioner's land they will follow the due process of law - and accordingly closed the writ petition and the connected miscellaneous petition.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), decision dated 12.02.2025 - W.P.(MD)No.3708 of 2025 and W.M.P.(MD)No.2665 of 2025 (Malarvizhi v. District Collector, Sivagangai District et al.), judged by Justice Mummineni Sudheer Kumar. Petition under Article 226 of the Constitution of India sought a Writ of Mandamus forbearing the respondents from laying a metal road in the petitioner's agricultural land in Survey No.62/7A (0.095 Hectare), Maravamangalam Village, Kalaiyarkovil Taluk, Sivagangai District, by considering her representation dated 01.02.2025. The Additional Government Pleader submitted that the respondents are not laying road in the petitioner's land, that the road is being formed in the adjacent land without any interference with her possession and enjoyment, and that due process of law will be followed should they intend to lay road through her land. Court placed these submissions on record and closed the writ petition and the connected miscellaneous petition; no order as to costs.

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W.P.(MD)Nos.3708 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.02.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.(MD)No.3708 of 2025 and W.M.P.(MD)No.2665 of 2025

Malarvizhi

... Petitioner

Vs.

1.The District Collector, Sivagangai District, Sivagangai.

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2.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

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3.The Block Development Officer, Office of the Block Development Office, Kalaiyarkovil Panchayat Union, Sivagangai District.

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4.The Taluk Surveyor, Taluk Office, Kalaiyarkovil Taluk, Sivagangai District.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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5.The Village Administrative Officer, Palkulam Group, Maravamangalam Village, Kalaiyarkovil Taluk, Sivagangai District.

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W.P.(MD)Nos.3708 of 2025

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the 3^rd respondent their men, Subordinates agents etc., from laying the metal road in the petitioner's agricultural land comprised in Survey No.62/7A to an extent of 0.095 Hectare situated at Maravamangalam Village, Kalaiyarkovil Taluk, Sivagangai District by considering the petitioner's representation dated 01.02.2025.

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For Petitioner : Mr.G.Sarathkumar

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For Respondents : Mr.R.Suresh Kumar, Addl. Govt. Pleader for R1 & R2 Mr.S.Shaji Bino for R3

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.3708 of 2025

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O R D E R

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This Writ Petition has been filed seeking a Writ of Mandamus alleging that the respondents having proposed to lay road in the land adjacent to the land belonging to the husband of the petitioner, they are trying to interfere with the possession of the land admeasuring 0.095 hectare situated in S.No.62/7A belonging to the petitioner's husband situated at Maravamangalam Village, Kalaiyarkovil Taluk, Sivagangai District.

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2 . When the matter is taken up for consideration, the learned Additional Government Pleader submitted that, the respondents are not laying road in the land belonging to the petitioner but it is being formed in the land adjacent to the land belonging to the petitioner and the respondents are no way interfered with the possession and enjoyment of the petitioner's subject land. He also further submitted that in case, if the respondents are intended to lay road through the land belonging to the petitioner, they will follow the due process of law.

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W.P.(MD)Nos.3708 of 2025

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3. By duly placing on record the submission made by the learned

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Additional Government Pleader, this Writ Petition is closed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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12.02.2025 Neutral Citation: Yes / No Index : Yes / No

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vsm

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Page 4 of 6

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W.P.(MD)Nos.3708 of 2025

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