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2025 DAILYLAW 8254 (MAD)

K.PALANI v. THE ADDITIONAL CHIEF SECRETARY

WP/30805/2025 · 2026-07-08

Hemant Chandangoudar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 30805 of 2025 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 30805 of 2025, WMP No.34511 of 2025 and WMP No.14762 of 2026 K.Palani ..Petitioner(s) Vs 1. The Additional Chief Secretary Commissioner Of Revenue Administration and Survey Settlement Ezhilagam, Chepauk, Chennai-600 005. 2. The District Collector Tiruvannamalai Collectorate, Vengikkal, Tiruvannamalai-606 604. 3. The Revenue Divisional Officer Annasalai, NH-66, Villupuram Mangalore Road, Tiruvannamalai-606 601. 4. The Tahsildar Kilpennathur Taluk Office, Tindivanam Road, Kil Pennathur Taluk, Thiruvannamalai District-604 601. 5. The Revenue Inspector Kil Pennathur Revenue Office, Kil Pennathur Taluk, Thiruvannamalai District-604 601. 6. The Village Administrative Officer Kollathur Village, Kil Pennathur Taluk, Thiruvannamalai District-604 601. https://www.mhc.tn.gov.in/judis WP No. 30805 of 2025 __________ Page2 of 8 7. The Block Development Officer Kilpennathur Panchayat Union, Kil Pennathur Taluk, Thiruvannamalai District-604 601. 8. The Divisional Engineer Highway Nabard And Rural Roads Division, No.10, Dhulasilingam Visvanathan Street, Sangaranpalayam Vellore-631 001. 9. The Panchayat President Kollathur Village, Kil Pennathur Taluk, Thiruvannamalai District. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 7 to 9 to stop formation and laying of road, restrain further construction or trespass in the said land without due process of law restore it the extent to its original state, and remove the unauthorized road indications in the Filed Measurement Book (FMB) in respect of Survey Nos.122/2A, 122/2B, 122/2C and 122/2D and other revenue records in respect of Survey Nos.122/2A, 122/2B, 122/2C and 122/2D Kollathur Village, Kil Pennathur Taluk, Thiruvannamalai District. For Petitioner(s): Mr.S.Namasivayam For Respondent(s): Mr.C.Prabakaran, Govt. Advocate WMP No.14762 of 2026 The Village People of Kollathur Village (East Kollakottai Madura) Ponnankulam Kilpennathur Taluk Tiruvannamalai District. Rep. By A.Mohan Raj Petitioner https://www.mhc.tn.gov.in/judis WP No. 30805 of 2025 __________ Page3 of 8 vs. 1 K.Palani 2 The Additional Chief Secretary Commissioner Of Revenue Administration And Survey Settlement Ezhilagam Chepauk Chennai-600 005. 3 The District Collector Tiruvannamalai Collectorate Vengikkal Tiruvannamalai-606 604. 4 The Revenue Divisional Officer Annasalai NH-66 Villupuram Mangalore Road Tiruvannamalai-606 601. 5 The Tahsildar Kilpennathur Taluk Office Tindivanam Rd Kil Pennathur Taluk Thiruvannamalai District-604 601. 6 The Revenue Inspector Kil Pennathur Revenue Office Kil Pennathur Taluk Thiruvannamalai District-604 601. 7 The Village Administrative Office Kollathur Village Kil Pennathur Taluk Thiruvannamalai District-604 601. 8 The Block Development Officer Kilpennathur Panchayat Union Kil Pennathur Taluk Thiruvannamalai District-604 601. 9 The Divisional Engineer Highway Nabard and Rural Roads Division No.10 Dhulasilingam Visvanathan Street Sangaranpalayam Vellore-631 001. https://www.mhc.tn.gov.in/judis WP No. 30805 of 2025 __________ Page4 of 8 10 The Panchayat President Kollathur Village Kil Pennathur Taluk Thiruvannamalai District. To permit the petitioner implead as tenth respondent in the above writ petition No.30805 of 2025. For Petitioner(s): Mr.S.Dheenadayalan For Respondent(s): Mr.S.Namasivayam for R1 Mr.C.Prabakaran, Govt. Advocate for R2 to R10 ORDER The petitioner is before this Court seeking a direction to respondents 7 to 9 to desist from forming and laying a road over the petitioner’s land, to restrain them from any further construction or trespass without following due process of law, to restore the land to its original condition, and to remove the unauthorized road entries made in the Field Measurement Book (FMB) and other revenue records pertaining to Survey Nos. 122/2A, 122/2B, 122/2C and 122/2D situated at Kollathur Village, Kil Pennathur Taluk, Thiruvannamalai District. 2. The petitioner claims to be the owner of the aforesaid lands and contends that the 8th respondent attempted to lay a road through the said property. Accordingly, the petitioner submitted a representation dated 21.07.2025 requesting the respondents not to form any road in the said lands. This Court, by order dated 19.08.2025, granted an interim injunction restraining the respondents from laying a road in the petitioner’s property. The said interim order continues to remain in force. https://www.mhc.tn.gov.in/judis WP No. 30805 of 2025 __________ Page5 of 8 3. The 8th respondent has filed a counter affidavit stating that the general public were not cooperating with the proposed road work and that the matter was brought to the notice of the District Collector, Thiruvannamalai. It is further stated that, in view of the objections raised by the public and the difficulties encountered in executing the work, and pursuant to discussions with the District Collector, it was decided to foreclose the proposed road work. 4. In view of the categorical stand taken by the 8th respondent in the counter affidavit that the proposal to lay the road has been foreclosed, the apprehension expressed by the petitioner that the respondents would proceed with the road formation without following due process of law no longer survives. 5. Accordingly, the writ petition stands disposed of. However, if the 8th respondent proposes to form the road in future, the same shall be undertaken only by following due process of law and after conducting a survey in the presence of the petitioner. 6. In view of the disposal of the writ petition, all connected miscellaneous petitions, including the impleading petition, stand dismissed. There shall be no order as to costs. 08-07-2026 https://www.mhc.tn.gov.in/judis WP No. 30805 of 2025 __________ Page6 of 8 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssk 1. The Additional Chief Secretary Commissioner Of Revenue Administration and Survey Settlement Ezhilagam, Chepauk, Chennai-600 005. 2. The District Collector Tiruvannamalai Collectorate, Vengikkal, Tiruvannamalai-606 604. 3. The Revenue Divisional Officer Annasalai, NH-66, Villupuram Mangalore Road, Tiruvannamalai-606 601. 4. The Tahsildar Kilpennathur Taluk Office, Tindivanam Road, Kil Pennathur Taluk, Thiruvannamalai District-604 601. 5. The Revenue Inspector Kil Pennathur Revenue Office, Kil Pennathur Taluk, Thiruvannamalai District-604 601. 6. The Village Administrative Officer Kollathur Village, Kil Pennathur Taluk, Thiruvannamalai District-604 601. 7. The Block Development Officer Kilpennathur Panchayat Union, Kil Pennathur Taluk, Thiruvannamalai District-604 601. 8. The Divisional Engineer Highway Nabard And Rural Roads Division, No.10, Dhulasilingam Visvanathan Street, Sangaranpalayam Vellore-631 001. https://www.mhc.tn.gov.in/judis WP No. 30805 of 2025 __________ Page7 of 8 9. The Panchayat President Kollathur Village, Kil Pennathur Taluk, Thiruvannamalai District. https://www.mhc.tn.gov.in/judis WP No. 30805 of 2025 __________ Page8 of 8 HEMANT CHANDANGOUDAR, J. ssk WP No. 30805 of 2025 08-07-2026 https://www.mhc.tn.gov.in/judis