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2021 DAILYLAW 3657 (MAD)

ABDUL MALIQ v. THE DISTRICT COLLECTOR

WP(MD)/3958/2021 · 2026-03-30

G R Swaminathan, R Poornima

Transfer Petitionbody2021

Judgment text

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W.P(MD) No.3958 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.03.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P(MD) No.3958 of 2021 & W.M.P.(MD)No.3178 of 2021 Abdul Maliq ... Petitioner Vs. 1.The District Collector, Tenkasi District, Tenkasi. 2.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance), Senkottai, Tenkasi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the resspondent dt. 17.02.2021 in KU.No. 128-1/2018/A2 and quash the same and consequently forbear the respondent from interfering with the peaceful possession and enjoyment of the petitioner's property in survey No. 1/4 https://www.mhc.tn.gov.in/judis W.P(MD) No.3958 of 2021 1037 /7 situated at Vadakarai Keelpidagai Village, Sengottai Taluk, Tenkasi District. For Petitioner : Mr.J.Ananda Kumar for Mr.K.Manickam For Respondents : Mr.S.Vinodh Government Advocate ORDER (Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides. 2. Though in the writ prayer, there is reference to S.No.1037, Vadakarai, Keelpidagai Village, Senkottai Taluk, the impugned order issued by the second respondent pertains only to S.Nos.660/1 & 1421. 3. Copy of the “A” register has been made available. It is seen therefrom that both survey numbers have been classified as “Pathai” ie., road. 4. In respect of road portion, no person can have any claim. We therefore decline to interfere with the impugned order. The petitioners 2/4 https://www.mhc.tn.gov.in/judis W.P(MD) No.3958 of 2021 are permitted to submit an application to the District Collector, Tenkasi for allotment of alternative site. As and when such application is received, it shall be considered by the District Collector, Tenkasi, as per the existing administrative norms. 5. With the aforesaid direction, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (R.P., J.) 30.03.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The District Collector, Tenkasi District, Tenkasi. 2.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance), Senkottai, Tenkasi District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD) No.3958 of 2021 G.R.SWAMINATHAN, J. AND R.POORNIMA, J. rmi W.P(MD) No.3958 of 2021 30.03.2026 4/4 https://www.mhc.tn.gov.in/judis