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2025 DAILYLAW 75784 (MAD)

SUSILA v. THE STATE OF TAMIL NADU

WP/25431/2025 · 2025-07-14

N Mala

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.25431 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2025 CORAM : THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .25431 of 2025 and W.M.P.No.28593 of 2025 Susila ... Petitioner Vs. 1.The State of Tamil Nadu represented by its The Commissioner, Rural Development and Panchayat Raj, Secretariat, Chennai. 2.The District Collector, District Collectorate, Namakkal District, Namakkal. 3.The Revenue Divisional Officer, Tiruchengode Revenue Division, Tiruchengode Taluk, Namakkal District. 4.The Tahsildar, Tiruchengode Taluk, Tiruchengode, Namakkal District. Page No.1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.25431 of 2025 5.Planning Officer, District Development Agency, Namakkal District. 6. Block Development Officer, Tiruchengode Block, Tiruchengode, Namakkal District. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, forbearing the 6 th respondent or his men or agents from in any manner interfering with the possession and enjoyment of the petitioner's property comprised in S.No. 81/1 situated at Molasi Village, Tiruchengode Taluk, Namakkal District under the guise of forming road without following due process of law and pass further or other orders. For Petitioner : Mr. T.L.Thirumalaisamy For Respondents :Mrs. C.Meera Arumugam, AGP -R1 to R5 Mr.P.Harish, GA - R6 Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.25431 of 2025 O R D E R The present writ petition is filed seeking directions to the respondents to forbear the 6th respondent or his men or agents from, in any manner, interfering with the possession and enjoyment of the petitioner's property comprised in S.No. 81/1, situated at Molasi Village, Tiruchengode Taluk, Namakkal District, under the pretext of forming a road without following due process of law. 2. Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice for the respondents 1 to 5 and Mr. P.Harish, learned Government Advocate takes notice for the 6 th respondent. 3. By consent of both the counsels, this writ petition is taken up for final disposal at the admission stage itself. 4. The petitioner, along with her father Ramasamy Gounder and mother Perumayee, owns agricultural lands measuring 5.16 acres, out of a total extent of 23.48 acres, in S.No.81/1, having obtained the same under a partition deed dated 11.09.2007, registered as Document No.5153 of 2007 on the file of the Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.25431 of 2025 Sub-Registrar Office at Tiruchengode. The petitioner also possesses joint Patta No.890 for S.No.81/1 along with other pattadars. The petitioner cultivates sugarcane and has also planted coconut trees in the said land, which is reflected in the adangal records. 5. In June 2025, the 6th respondent and his men attempted to encroach upon a portion of the petitioner’s patta lands under the pretext of road extension that too, without issuing any notice or following legal procedures. Despite the petitioner’s representation dated 17.05.2025, the 6 th respondent's men continued to interfere with her peaceful possession. Hence, the petitioner filed the present writ petition, seeking protection of her property rights. 6. Though many issues have been raised in the writ petition, learned counsel for the petitioner submitted that it would suffice if, this Court directs the 6 th respondent to pass appropriate orders within a stipulated time as fixed by this Court. Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.25431 of 2025 7. In view of the above facts and considering the limited relief sought for by the learned counsel for the petitioner, without going into the merits of the case, I am inclined to direct the 6 th respondent, to consider the petitioner's representation dated 17.05.2025, by affording reasonable opportunity to the petitioner and pass appropriate orders on merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of a copy of this order. 8. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 14.07.2025 msv Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No Page No.5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.25431 of 2025 To 1.The Commissioner, Rural Development and Panchayat Raj, Secretariat, Chennai. 2.The District Collector, District Collectorate, Namakkal District, Namakkal. 3.The Revenue Divisional Officer, Tiruchengode Revenue Division, Tiruchengode Taluk, Namakkal District. 4.The Tahsildar, Tiruchengode Taluk, Tiruchengode, Namakkal District. 5.Planning Officer, District Development Agency, Namakkal District. 6. Block Development Officer, Tiruchengode Block, Tiruchengode, Namakkal District. Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.25431 of 2025 N.MALA,J. msv W.P.No.25431 of 2025 and W.M.P.No.28593 of 2025 14.07.2025 Page No.7 of 7 https://www.mhc.tn.gov.in/judis