W.P.No.17169 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.03.2025 CORAM: THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.17169 of 2024 and W.M.P.No.18954 of 2024 R.Leelavathi ...Petitioner -Vs- 1.The District Collector, Tiruvallur District Collectorate, Tiruvallur – 602 001. 2.The Tahsildar, Gummidipoondi Taluk, Gummidipoondi, Pin : 601 201. 3.The President, Siddharajankandigai Panchayat Office, Gummidipoondi, Pin : 601 201. 4.Block Development Officer, CH8H + X 98 Kottai Karai, Gummidipoondi, Peddikuppam, Tamil Nadu – 601 201. ...Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.17169 of 2024 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 3rd respondent to refrain from illegally acquiring the petitioner's schedule land to build a footpath around the pond by considering the representation of the petitioner dated 03.06.2024 and pass such further orders. For Petitioner : Mr.B.Govindaprabu For R1 & R2 : Mr.M.Rajendiran, Additional Government Pleader For R3 : Mr.R.Siddharth, Government Advocate For R4 : Mr.M.G.Arun Karuppiah O R D E R This writ petition has been filed for issuance of a Writ of Mandamus, directing the 3rd respondent to refrain from illegally acquiring the petitioner's scheduled land to build a footpath around the pond by considering the representation of the petitioner dated 03.06.2024. 2. The case of the petitioner is that she is the owner of the schedule 20 mentioned property measuring an extent of 6 acres and 20 cents within the limit of Siddharajakandigai Village Panchayat, which was purchased by 2/6 https://www.mhc.tn.gov.in/judis W.P.No.17169 of 2024 her vide sale deed bearing document No.1567/2012 and 1666/2012 registered before SRO Gummidipoondi. That being so, the petitioner’s husband died intestate on 07.05.2013, leaving behind the petitioner and her children as his legal heirs to succeed his estate. 3. The grievance of the petitioner is that the Siddharajakandigai Village Panchayat officials, without any consent from the petitioner, are acquiring the petitioner's land to build a footpath around a pond situated nearby the petitioner's property. Hence, the petitioner made a representation to the respondents on 03.06.2024, but there has been no response from the respondents till date. Aggrieved by the same, the petitioner has come up with the present writ petition. 4. Learned counsel appearing for the petitioner would submit that the footpath has been constructed by encroaching on the petitioner's land by the Authorities without acquiring the same. 5. The Block Development Officer, Gummidipoondi, the 4th respondent herein, is present before this Court. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.17169 of 2024 6. Learned counsel appearing for the 4th respondent submitted written instructions from the 4th respondent / BDO Village Panchayat, Gumidipoondi vide Na.Ka.No.752/2022/A6 dated 04.03.2025, and the relevant portion is extracted hereunder: @nkw;go ru;nt vz;/174-3 bfhz;l Fsj;jpid bghJkf;fs; Kd;dpiyapy; mstPL bra;ag;gl;ljpy; jpUkjp/yPyhtjp vd;fpd;w yPyh f- bg (nyl;) uhkfpUc&;zd; vd;gtu; Fsj;jpd; xU gFjpia 0/5\ brd;l; bew;gapw; bfhz;L Mf;fpukpg;g[ bra;Js;shu; vdt[k; g[y vz;/174- 1A?0/10 brd;l; kw;Wk; 174-4A?0/6¾ brd;l Mf bkhj;j 0/16¾ brd;l; ,lk; kDjhuUf;F brhe;jkhd gl;lh epyj;jpy; Fsj;jpd; fiu mikf;fg;gl;Ls;sJ/ nkw;go Fsk; midj;J fpuhk mz;zh kWkyu;r;rp jpl;lk; 2021?2022k; Mz;L epjpahz;oy; U:/19.71.000-? ,yl;rk; kjpg;gPl;oy; mikf;fg;gl;L jw;nghJ Fsk; bghJkf;fs; gad;ghl;oy; cs;sJ nkYk; Fsk; KgtJk; ePu; epuk;gp cs;sjhy; Fsj;jpd; fiuapid khw;wp mikf;f ,aytpy;iy/ vdnt. ePu; tw;wpat[ld; gl;lh epyj;jpy; cs;s fiu mfw;wg;gLk; vd;gjid gzpt[ld; bjuptpj;Jf;bfhs;fpwnd;/@ 7. Learned counsel further submitted that since the petitioner has encroached on the Government property to an extent of 0.5½ cents, appropriate action will be taken by the 3rd respondent in accordance with law. 8. Heard both sides and perused the materials available on record. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.17169 of 2024 9. In view of the above written instruction given by the 4th respondent, the 3rd respondent is directed to remove the encroachment made in the patta land of the petitioner to an extent of 0.16¾ cents after the pond gets dry. In regard to encroachment made by the petitioner with respect to 5½ cents, the 3rd respondent is at liberty to take action in a manner known to law. In the result, the writ petition stands disposed of with the above observations and direction. No costs. Consequently, connected miscellaneous petition is closed. 05.03.2025 cda Index : Yes/No Speaking/Non Speaking order To 1.The District Collector, Tiruvallur District Collectorate, Tiruvallur – 602 001. 2.The Tahsildar, Gummidipoondi Taluk, Gummidipoondi, Pin : 601 201. 3.The President, Siddharajankandigai Panchayat Office, Gummidipoondi, Pin : 601 201. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.17169 of 2024 J.SATHYA NARAYANA PRASAD, J. cda 4.Block Development Officer, CH8H + X 98 Kottai Karai, Gummidipoondi, Peddikuppam, Tamil Nadu – 601 201. W.P.No.17169 of 2024 05.03.2025 6/6 https://www.mhc.tn.gov.in/judis