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2025 Supreme(Online)(Mad) 49098

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. MALA, J
Panneerselvam – Appellant
Versus
The District Collector, Office of the District Collector, Perambalur District – Respondent
WP.No.12587 of 2025



Advocates:
For the Appellants/Petitioners: Mr.R.Rajasekar
For the Respondents: Mr.M.Rajendiran, Additional Government Pleader, Mr.C.Vigneshwaran, Standing Counsel

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - The petitioner sought to restrain the respondents from laying metal roads on the petitioner's property without legally acquiring the land - The respondents commenced road construction without proper acquisition - Court directed a detailed enquiry into the representation of the petitioner concerning property acquisition, ensuring compliance with legal norms within a stipulated time. (Paras 3-7)

(B) Land Acquisition - Adherence to proper procedure - The court emphasized the necessity of lawful acquisition to protect property rights before any construction takes place, ensuring due process is followed. (Paras 4-6)

Facts of the case:
The petitioner claimed that a metal road project included portions of his agricultural land without following required legal procedures for acquisition, stating non-compliance with RTI provisions regarding land acquisition details.

Findings of Court:
The court ordered the 4th respondent to conduct a detailed enquiry concerning the petitioner's representation about land acquisition and pass orders within four weeks.

Issues: The main issue addressed was the legality of land acquisition and the petitioner's property rights vis-à-vis construction activities.

Ratio Decidendi: The court held that all acquisition processes must comply with legal requirements to ensure protection of property rights, reaffirming the need for proper procedures before any construction can commence.

Result: The writ petition stands disposed of with directions.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-07-2025 CORAM THE HONOURABLE MRS JUSTICE N.MALA WP.No.12587 of 2025 and WMP.No.14168 of 2025 Panneerselvam, S/o.Ramasamy, Kelumathur Kudikadu, Kelumathur and Post Kunnam Circle, Perambalur District.

Petitioner(s)

Vs

1.The District Collector, Office of the District Collector, Perambalur District.

2.The Tamil Nadu Information Commission, Teynampet, Chennai.

3.The Project Office (Infrastructure), District Rural Development Agency, Perambalur District.

4.The Deputy Block Development (Panchayath)

Veppur Kunam Talk, Perambalur District.

5.The Tahsildar, Kunnam Taluk, Perambalur District.

Respondent(s)

P RAYER : 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, forbearing the respondents from laying the metal roads in the petitioner's property situated in Kunnam Taluk, Perambalur District Circle No.91 Athiyur (South) S.Nos.140/8, 140/10B, 140/20D, 140/11 until providing the appropriate compensation to the petitioner's for the lands whichever is acquired and pass such further orders.

For Petitioner(s): Mr.R.Rajasekar For Respondent(s): Mr.M.Rajendiran, Additional Government Pleader For R1, R3 to R5 Mr.C.Vigneshwaran, Standing Counsel For R2

ORDER

With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents from laying the metal roads on the petitioners property situated in Kunnam Taluk, Perambalur District, Circle No.91 Athiyur (South) S.Nos.140/8, 140/10B, 140/20D, 140/11 until providing the appropriate compensation to the petitioners for the lands whichever are acquired.

3. The petitioner is the owner and cultivator of agricultural land in S.No.

140/8, 140/10B, 140/20D, and 140/11 in Athiyur (South), Kunnam Taluk, Perambalur District. The second respondent is constructing a 16-feet wide and 230-feet long metal road from Athiyur Kudikadu to Kaliperambalur, allegedly including a portion of the petitioner’s land as part of the project. The petitioner, unaware of any formal acquisition process, filed an application under the RTI Act on 25.04.2023 and an appeal on 11.08.2023 seeking information on the acquisition. With no response, the petitioner filed W.P.No.16372 of 2024, and this Court, by order dated 25.09.2024, directed the Public Information Officer to dispose of the RTI appeal within 8 weeks. However, the order remains uncomplied with.

4. Learned counsel appearing for the petitioner submits that his land has not been legally acquired and that no notice or proper procedure under the Land Acquisition laws has been followed. Despite the directions of this Court, the respondents have not disposed of the RTI appeal or provided any acquisition documents. Yet, they have commenced road construction over his property, violating his property rights and bypassing legal requirements. The petitioner therefore seeks the intervention of this Court to restrain the respondents from proceeding further without lawful acquisition. Learned Counsel further submits that a representation dated 25.04.2025 was submitted subsequent to the filing of the writ petition.

5. Learned Additional Government Pleader appearing for respondents 1 to

3 would submit that the representation of the petitioner dated 25.04.2025 would be considered on merits, in accordance with law within a time frame stipulated by this Court.

6. Heard both sides and perused the materials available on record.

7. Without going into the merits of the case, the 4th respondent is directed to consider the representation of the petitioner dated 24.04.2023 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner in regard to the subject matter property and pass appropriate orders on

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