Madras High Court
WP(MD)/29243/2026 of S.Bama Vs The District Collector on 9 October 2026
WP(MD) No. 29243 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 29243 of 2026
CNR:{HCMD011441172026}
and
W.M.P.(MD)Nos.22202 and 22203 of 2026
S.Bama
..Petitioner
Vs
1. The District Collector
Tirunelveli District,
Tirunelveli.Tirunelveli
2. The Tahsiidar
Nanguneri Taluk,
Tirunelveli District.
3. The Block Development Officer,
Kalakkad Panchayat Union,
Tirunelveli District.
..Respondents
PRAYER:
Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, forbearing the respondents, their men, agents, subordinates or anybody acting under them from laying or forming any road in the petitioner's private patta land comprised in present Survey N0.579/1B, covered under Patta No.1591 situated at Sengulamkurichi Village, Nanguneri Taluk, Tirunelveli District, except by following due process of law, and consequently direct the respondents to conduct survey and demarcate the petitioners land comprised in Survey No.579/1B, covered under Patta No.1591, with reference to the petitioner's registered title deeds, Patta, FMB and connected revenue records, in the presence of the
WP(MD) No. 29243 of 2026
petitioner, and fix the boundaries before proceeding with the proposed road work.
For Petitioner:
Mr.R.Ponkarthikeyan
For Respondents:
Mr.S.Siva Thilakar
Special Government Pleader
For R1 & R2
Mr.G.Sailendra Babu
Government Advocate (Civil)
For R3
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ORDER
Heard the learned counsel appearing on either side.
2. By consent of both sides, this Writ Petition is taken up for final disposal.
3. The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus, forbearing the respondents from forming and laying a road on the petitioner's land comprised in Survey No. 579/1B, for which patta has also been issued in Patta No.1591, situated at Sengulamkurichi Village, Nanguneri Taluk, Tirunelveli District.
4. The learned Special Government Pleader, on instructions from the respondents, would submit that a survey would be conducted before proceeding further.
WP(MD) No. 29243 of 2026
5. It is the claim of the petitioner that the respondents are attempting to form and lay a road on his land without following due process of law. If, upon conducting the survey, it is found that the land on which the respondents propose to lay the road falls within the petitioner's patta land, the respondents shall proceed further only after initiating appropriate land acquisition proceedings in accordance with the relevant provisions of law.
6. In view of the above, this Court finds no impediment to granting the relief sought for. Accordingly, the Writ Petition is allowed as prayed for. However, the respondents are at liberty to proceed further in accordance with law after acquiring the lands in question. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Nsr To:
1. The District Collector Tirunelveli District, Tirunelveli.Tirunelveli
2. The Tahsiidar Nanguneri taluk, Tirunelveli District.
3. The Block Development Officer, Kalakkad Panchayat Union, Tirunelveli District.
WP(MD) No. 29243 of 2026 K.KUMARESH BABU, J. Nsr WP(MD) No. 29243 of 2026 09-10-2026