R.Kasiammal Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, to direct the respondents to remove the road unauthorisedly put up by them in the petitioner’s agricultural lands to an extent of 40 cents under S.No.106/2B, 109/1A1, 1A3, 1A4 bearing patta

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

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W.P.No.6842 of 2025

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Nos.59, 603 and 604 situated at Pudhupattu Village, Chengam Taluk, Tiruvannamalai District.

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For Petitioner : Mr.A.Srinivasan For Respondents : Mr.P.Siddarth Government Counsel

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O R D E R

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The petitioner has filed the present writ petition seeking a direction to

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the respondents to remove the road allegedly laid unauthorisedly across the petitioner’s agricultural lands.

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The petitioner claims to be the owner of agricultural lands measuring an extent of 6.15 acres comprised in Survey Nos.106/2B, 109/1A1, 109/1A3 and 109/1A4, covered under Patta Nos.59, 603 and 604, situated at Pudhupattu Village, Chengam Taluk, Tiruvannamalai District. The petitioner contends that the respondents, without following due process of law, have forcibly laid a road across the subject lands, thereby infringing his right to property guaranteed under Article 300A of the Constitution of India.

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A counter affidavit has been filed on behalf of the respondents stating that the existing road passes through Survey No.106/2B to an extent of 0.01.93 Ares, Survey No.109/1A1 to an extent of 0.00.15 Ares, Survey

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No.109/1A2 to an extent of 0.04.00 Ares, and Survey No.109/1A3 to an extent of 0.01.04 Ares. It is further stated that no road passes through Survey No.109/1A4.

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The petitioner, however, contends that the extents in the aforesaid survey numbers through which the road has been laid form part of his patta lands.

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In response, the learned State Counsel, on instructions, submitted that a survey would be conducted and, if it is found that the road has been laid on the petitioner’s patta land, the respondents would either remove the road or initiate appropriate proceedings for acquisition of the land and payment of just and fair compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Recording the aforesaid submission, this Writ Petition is disposed of with the following directions:

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(i) The second respondent shall conduct a survey of the

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lands in question, after issuing notice to and in the presence of the petitioner;

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W.P.No.6842 of 2025

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(ii) If, upon such survey, it is found that the road has

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been laid on the petitioner’s patta land without acquisition or authority of law, the third respondent shall either remove the road from the petitioner’s land or initiate appropriate proceedings for acquisition of the land and payment of compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and

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(iii) The entire exercise shall be completed within a

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period of two (2) months from the date of receipt of a copy of this order.

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