R.Kasiammal v. The District Collector

O R D E R The petitioner has filed the present writ petition seeking a direction to the respondents to remove the road allegedly laid unauthorisedly across the petitioner's agricultural lands.

¶2The 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.

¶3A 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 Page Nos.3/6 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.

¶4The petitioner, however, contends that the extents in the aforesaid survey numbers through which the road has been laid form part of his patta lands.

¶5In 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.

¶6Recording the aforesaid submission, this Writ Petition is disposed of with the following directions:

(i) The second respondent shall conduct a survey of the lands in question, after issuing notice to and in the presence of the petitioner; Page Nos.4/6

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

(iii) The entire exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order.

¶7Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.

16.07.2026 Speaking / Non-speaking order Index : Yes / No mk Page Nos.5/6 To

¶1The District Collector Tiruvannamalai District District Collector's Office

¶2The Tahsildar Chengam Taluk Office Chengam – 606 701.

¶3The Block Development Officer Chengam Block Development Office Chengam – 606 701. Page Nos.6/6 HEMANT CHANDANGOUDAR, J., mk

16.07.2026

Page Nos.1/6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.7535 of 2025 R.Kasiammal W/o.Renu ... Petitioner vs. 1. The District Collector Tiruvannamalai District District Collector's Office 2. The Tahsildar Chengam Taluk Office Chengam – 606 701. 3. The Block Development Officer Chengam Block Development Office Chengam – 606 701. … Respondents 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 Page Nos.2/6 Nos.59, 603 and 604 situated at Pudhupattu Village, Chengam Taluk, For Petitioner : Mr.A.Srinivasan For Respondents : Mr.P.Siddarth Government Counsel *****