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J.Jani Sundari, v. the Executive Officer

Madras HC6 Feb 2026WP/581/2011

Case brief

AI extract

What is this about?

Keywords: writ of mandamus; road laying over patta land; Kothagiri Town Panchayat; Nilgiris District; due process of law; consent of co-owners; objection to road estimate; undertaking recorded; abatement and restoration of writ petition; substitution of legal heirs (Lrs); WMP.37890/2024; Additional Government Pleader; Article 226 Constitution of India; disposed without costs; Justice V. Lakshminarayanan; survey numbers 336/6, 1014/6, 965/4, 977/10; 0.93 acres; counter dated 03.02.2012; decision date 06.02.2026.

What did the court decide?

Recording of the first respondent's undertaking that the road will not be laid over the petitioner's land without following the due process of law; Writ Petition disposed of with no order as to costs. ¶50

J.Jani Sundari, Vs the Executive Officer — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Executive Officer, Kothagiri Town Panchayat may lay a road over the petitioner's patta land (Old Survey No.336/6, R.S.No.1014/6, New Survey Nos.965/4 and 977/10, Kothagiri Village, admeasuring 0.93 acres) otherwise than by following the due process of law.

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Court's answer

The categorical undertaking of the first respondent that the road will not be laid over the petitioner's land without following the due process of law is recorded.

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Ratio / Principle

On the strength of the recorded undertaking, the Writ Petition is disposed of; there shall be no order as to costs.

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Detailed headnote1 paragraphs

W.P.No. 581 of 2011 (High Court of Judicature at Madras, Single Judge — V. Lakshminarayanan, J.) — Decided 06.02.2026 — Writ of Mandamus under Article 226 of the Constitution of India — Laying of road over private patta land — Due process of law. The petitioner (originally J.Jani Sundari, since deceased, thereafter represented by substituted legal heirs) sought a mandamus to forbear the Executive Officer, Kothagiri Town Panchayat, Nilgiris District, from laying a road over her patta land (0.93 acres; Old Survey No.336/6, R.S.No.1014/6, New Survey Nos.965/4 and 977/10, Kothagiri Village) except by following the due process of law. The original petitioner died on 27.11.2011; the Writ Petition was dismissed as abated on 09.01.2013 and restored by order dated 30.01.2026 after applications to bring on record the legal representatives and condone the delay were allowed. The first respondent's counter (filed 03.02.2012) conceded the petitioner's co-ownership and stated that the road would be laid only if the petitioner and other co-owners grant consent or by resorting to due process of law. Recording the categorical undertaking that the road will not be laid over the petitioner's land without following the due process of law, the Court disposed of the Writ Petition with no order as to costs.

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W.P.No. 581 of 2011

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.02.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

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Writ Petition No. 581 of 2011

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J.Jani Sundari (Deceased)

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J.Sadhananda Sundaraj

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J.Margret Vijaya Thara

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J.Grace Deva Sundari

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Surgna Sorajeni

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(P2 to P5 are submitted as Lrs of deceased sole petitioner vide order dated 03.01.2025 made in WMP.37890/2024 In WP No.581 of 2011 by CVKJ)

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... Petitioners

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Vs.

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The Executive Officer, Kothagiri Town Panchayat, Nilgiris District.

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C.Shanmugam

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... Respondents

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Prayer : Writ Petitions filed under Article 226 of the Constitution of India praying for, to issue Writ of Mandamus, forbearing the 1st Respondent from anyway laying road in the Petitioner’s patta lands in Old Survey No.336/6 in R.S.No.1014/6 and New Survey Nos. 965/4, 977/10 in Kothagiri Village admeasuring 0.93 acres except by following the due process of law.

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For Petitioner : Mrs.S.T.P. Kuilmozhi For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader, for R1 R2- Given up

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

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W.P.No. 581 of 2011

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ORDER

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The petitioner seeks a Writ of Mandamus to forbear the first respondent from laying a road over her property in Old Survey No.336/6 in RS No.1014/6, New Survey Nos.965/4 and 977/10 of Kothagiri Village, the Nilgiris.

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The petitioner claims that she is the wife of one Jayarajan and the daughter of late S.Henry Daniel Bellan. She states that the property aforementioned measures to an extent of 0.93 acres, of which she is the coowner.

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She states that the first respondent had decided to lay a road over the said property and had appointed the second respondent as a contractor. On coming to know of the fact that the road is sought to be laid over her private holdings, which concededly are joint in nature, she gave a complaint to the District Collector and the Assistant Director of Town Panchayat, stating that the first respondent cannot lay a road or prepare any estimate for such a road, when it runs over a patta land.

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

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W.P.No. 581 of 2011

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The petitioner states that the first respondent attempted to lay a road

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over the property and had started preparations for the same. Since taking possession of her property to lay a road was neither supported by the Land Acquisition proceedings nor was it with the consent of the owners, she approached the Court for the aforesaid relief.

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This Court entertained the Writ Petition and directed the first

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respondent to file a counter.

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Pending Writ Petition, the writ petitioner passed away on

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27.11.2011, leaving behind the substituted petitioners as her legal heirs.

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This Court, by an order dated 09.01.2013, had dismissed the Writ Petition as abated. Applications were filed to bring on record the legal representatives, to condone the delay, and to restore the Writ Petition. By an order dated 30.01.2026, the applications were allowed and the Writ Petition stood restored to the file of this Court. On restoration, this Court posted the matter for hearing today.

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

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W.P.No. 581 of 2011

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I heard Ms.S.T.P.Kuilmozhi for the petitioner and Mr.L.S.M.Hasan

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Fizal, learned Additional Government Pleader appearing for the first respondent.

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A counter has been filed by the first respondent on 03.02.2012. A perusal of which shows that the first respondent had decided to lay a road in Survey No.965/4 and 977/10, to connect Ramchand and Alports in Kothagiri, in order to facilitate the easy access for about 200 families residing therein. The counter concedes that the petitioner is a co-owner of the property, and since she objected to the laying of the road, it was decided not to lay the road over the petitioner’s property.

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The first respondent has further stated that he has no intention to interfere with the peaceful possession and enjoyment of the petitioner’s land and that, if a road is to be constructed, the same will be done after following the due process of law. The first respondent has further stated that the road will be laid only if the petitioner and other co-owners grant consent or by resorting to due process of law.

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

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W.P.No. 581 of 2011

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