W.P.No.10969 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2025 CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.10969 of 2025 and W.M.P.No.12374 of 2025 1.P.Shanmugam 2.P.Venkatachalam 3.P.Selvam 4.P.Boopathy ... Petitioners Vs. 1.The District Collector, O/o. The District Collector, Salem, Salem District – 636 001. 2.The Tahsildar, O/o. the Tahsildar, Hasthampatty – 636 007, Salem, Salem District. 3.The Block Development Officer, O/o. the Block Development Officer, Sarkar Kollappatty, Salem – 636 030. Salem District. 4.The Revenue Inspector, O/o. the Revenue Inspector, Ammapet, Salem – 636 003. Salem District. Page No.1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 5.The Village Administrative Officer, O/o. the Village Administrative Officer, Kondappanaickenpatti Village, Kannankurichi Post, Salem Taluk & District – 636 008. 6.The Special Officer, Kondappanaickenpatti Village Panchayat, Kondappanaickenpatti Village, Kannankurichi Post, Salem Taluk & District – 636 008. 7.K.Rajendran … Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 to 6 herein not to lay a road on the patta land of the petitioners measuring an extent of 15 cents in Survey No.2/10E of Kondappanaickenpatti Village, Salem Taluk and District without following the due process of law. For Petitioner : Mr.V.R.Appaswamee For Respondents 1 to 6 : Mr.M.Rajendiran, Additional Government Pleader For Respondent 7 : Mr.T.Dharani O R D E R The petitioner has filed this writ petition to direct the respondents 1 to Page No.2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 6 herein not to lay a road on the patta land of the petitioners measuring an extent of 15 cents in Survey No.2/10E of Kondappanaickenpatti Village, Salem Taluk and District without following the due process of law. 2. The case of the petitioners is that they are joint owners of 4.15 acres of ancestral property in Survey No.2/10E of Kondapanaickenpatti village, Salem Taluk, and District, inherited from their late father, Mr. Palaniappan, and his brother, Mr.Samiyar, who died unmarried. Following a partition deed dated 22.10.2020, each petitioner was allotted one acre, and the remaining 15 cents on the eastern side was retained as a common pathway for access. A joint patta was also issued in their names. However, based on the instigation of one Mr.Rajendran, the Panchayat officials are attempting to unlawfully lay a road on this private patta land. Despite a representation made by the first petitioner on 12.02.2025 requesting intervention, no action was taken by the authorities. Hence, the petitioners have filed the present Writ Petition seeking a direction to stop the illegal laying of the road. 3. Learned counsel for the petitioners submitted that the respondents have proposed to lay a Thar road by taking 15 cents of the land owned by the Page No.3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 petitioners' and in this regard, no prior notice or opportunity of personal hearing was given to the petitioners, which is in violation of Principles of Natural Justice. 4. Learned counsel for the petitioners would further submit that since the respondents have decided to lay a thar road in the petitioners' land, appropriate direction may be issued to the concerned authority to pay compensation to the petitioners' for acquiring their land. 5. Learned Additional Government Pleader appearing for the respondents 1 to 6 submitted a written instruction of the second respondent vide Na.Ka.No.174/2025/A6, dated 07.04.2025. For better appreciation, the relevant portion of the said written instruction is extracted hereunder: “nkw;fz;l g[yjzpf;ifapy; nryk; tl;lk;. bfhzlg;geha;f;fd;gl;o fpuhkk;. g[y vz;/2-10E ? gl;lh vz;/235 vd;gJ jpU/g;gp/rz;Kfk; tifauhit nrh;e;jJ/ ,e;j ghijahdJ Rkhh; 1/35 fPnyhkPl;lh; J}uk; gl;lh epyk; kw;Wk; muR epy';fs; tHpahf kDjhuu; kw;Wk; vjph; kDjhuh; gl;lh epy';fs; tHpahft[k; Rkhh; 30 Mz;Lfhykhf bghJkf;fs; gad;ghl;oy; ,Ue;J tUfpwJ/ jw;nghJ jhh; rhiy mikf;Fk; nghJ kDjhuh; jpU/g;gp/rz;Kfk; tifauh Page No.4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 kw;Wk; vjph; kDjhuh; jpU/uhn$e;jpud; tifauh jug;gpdh; ,ilna cs;s Kd;tpnuhjk; fhuzkhf jhh; rhiy mikf;Fk; gzpf;F kDjhuh; Ml;nrgid bjhptpf;fpwhh;/ jw;nghJ nkw;go kDjhuu; Fwpg;gpLk; 15 brd;l; jtpu kw;w gFjpapy; jhh; rhiy mikf;fg;gl;Ls;sJ/ rh;nt vz;/2/10E? jdpahh; gl;lh epyk;/ epy chpikahsUf;F chpa ,Hg;gPl;L bjhif tH';f 3tJ vjph; kDjhuu; K:yk; eltof;if nkw;bfhs;syhk; vd;gij gzpt[ld; bjhptpj;Js;bfhs;fpnwd;/” 6. Learned Additional Government Pleader appearing for the respondents 1 to 6 would further submit that the petitioners' case will be recommended to the third respondent in regard to payment of compensation. 7. Heard the learned counsel on either side and perused the materials available on record. 8. Considering the submission made by the learned counsel on either side, this Court issues the following directions: (i) The third respondent is directed to forward the proposal to the first respondent in regard to acquisition of petitioners' land to an extent of 15 cents for laying a Thar road, within a period of four weeks from the date of Page No.5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 receipt of a copy of this order. (ii) On receipt of such proposal, the first respondent shall initiate appropriate action/proceeding to acquire the land of the petitioners' to an extent of 15 cents, by due process of law and the entire exercise shall be completed within a period of six months thereof. (iii) Till the acquisition proceedings are completed, the third respondent is directed not to lay the Thar road in the petitioners' property and the petitioners shall not obstruct any individual or public to use the mud road, which is in existence for three decades. 9. This writ petition is disposed of with the aforesaid observation and directions. No costs. Consequently, connected miscellaneous petition is also closed. 08.04.2025 vm Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No Page No.6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 To: 1.The District Collector, O/o. The District Collector, Salem, Salem District – 636 001. 2.The Tahsildar, O/o. the Tahsildar, Hasthampatty – 636 007, Salem, Salem District. 3.The Block Development Officer, O/o. the Block Development Officer, Sarkar Kollappatty, Salem – 636 030. Salem District. 4.The Revenue Inspector, O/o. the Revenue Inspector, Ammapet, Salem – 636 003. Salem District. 5.The Village Administrative Officer, O/o. the Village Administrative Officer, Page No.7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 Kondappanaickenpatti Village, Kannankurichi Post, Salem Taluk & District – 636 008. 6.The Special Officer, Kondappanaickenpatti Village Panchayat, Kondappanaickenpatti Village, Kannankurichi Post, Salem Taluk & District – 636 008. J.SATHYA NARAYANA PRASAD,J. vm W.P.No.10969 of 2025 Page No.8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10969 of 2025 08.04.2025 Page No.9 of 9 https://www.mhc.tn.gov.in/judis