M.Anbarasu v. The District Collector

ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) This Writ Petition has been filed as Public Interest Litigation seeking a direction to the 1st respondent i.e., the District Collector, Thanjavur for taking necessary action for converting the road in S.Nos. 35B/3A and 35B/2A1 of Unjiyaviduthi Village west street, Orathandu taluk, Thanjavur District, as Cement Road as per Anna Marumalarchi scheme, within a specified time frame, that may be fixed by this Court.

¶2It is the case of the petitioner that the lands in S.Nos.35B/3A and 35B/2A1 measuring an extent of 0.1.50 ares of Unjiyaviduthi Village west street, Orathandu taluk, Thanjavur District, are classified as patta land. The said land has been used as pathway for a period of nearly four decades. While the third respondent started to convert the said pathway as cement road, as per the scheme ordered by the first respondent in proceedings dated 07.10.2022, respondents 4 to 6 objected to the conversion of the road into a cement road. Hence, the petitioner has filed this Writ Petition.

¶3This Court heard the submissions made by the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsels appearing for the private respondents.

¶4It is not in dispute that the subject properties are patta lands. Though it is stated that the subject properties have been used as pathway, the proceedings of the Revenue Divisional Officer dated

12.03.2026 indicate that the Government, by proceedings dated

07.10.2022, had decided to convert the said pathway into a road. However, the same has been objected by the private respondents, and therefore, the conversion could not be carried out. It appears that a dispute exists between the private parties. While some private properties may have been used by the villagers, that cannot serve as a ground to deprive the private owners of their rights. If the Government intends to lay a road, it must acquire the property in accordance with the law, providing compensation to the private owners. Therefore, we do not find any merit in this Writ Petition and the same is liable to be dismissed.

¶5Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. [N.S.K., J.] & [M.J.R., J.]

06.04.2026

Index :Yes/No NCC :Yes/No vsm To

¶1The District Collector, Thanjavur District, Thanjavur.

¶2The Tahsildar, Orathanadu Taluk, Thanjavur District.

¶3The Block Development Officer (Village Panchayat), Thiruvonam, Orathanadu Taluk, Thanjavur District.

N.SATHISH KUMAR, J. AND

M.JOTHIRAMAN, J. vsm

06.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN K.Anbarasu ... Petitioner Vs. 1. The District Collector, Thanjavur District, Thanjavur. 2. The Tahsildar, Orathanadu Taluk, Thanjavur District. 3. The Block Development Officer (Village Panchayat), Thiruvonam, Orathanadu Taluk, Thanjavur District. 4. Sundarajan 5. Subramanian 6. Anbumani ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent i.e., the District Collector, Thanjavur for taking necessary action for converting the road in S.Nos.35B/3A and 35B/2A1 of Unjiyaviduthi Village west street, Orathandu taluk, Thanjavur district, as Cement Road as per Anna Marumalarchi scheme, within a specified time frame, that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.D.Sasikumar, Addl. Govt. Pleader for R1 & R2 Mr.V.Nirmal Kumar for R3 Mr.T.S.R.Venkatramana, Senior Counsel for Mr.Thomas Rajadurai for R4 No Appearance for R5