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2026 Supreme(Online)(Mad) 38092
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Parameshwari – Appellant
Versus
District Collector, Trichy District, Trichy – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.V.G.Vallarasu, Mr. V.G. Vallarasu Chezhiyan
For the Respondents: Mr.S.S.Madhavan Additional Government Pleader, Mr.K.Balasubramani Special Government Pleader
Court directs authorities to consider representation against road on patta land within fixed timeframe.
Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus to direct removal of a road laid on patta land in S.No.191/4, Ariyavur Village, claiming absolute ownership and possession without due process. The court noted the petitioner's representation dated 03.03.2026 for removal of the alleged encroachment. The third respondent agreed to consider the representation on merits. The primary issue was whether the road on patta land should be removed following due process. The court recorded the undertaking by the third respondent's counsel to decide the representation within a stipulated time frame, ensuring consideration in accordance with law. The writ petition was disposed of directing the third respondent to consider the representation dated 03.03.2026 on merits and pass appropriate orders within eight weeks from receipt of the order, with no order as to costs.
| Table of Content |
|---|
| 1. petition seeks removal of road from patta land. (Para 1 , 2 , 3) |
| 2. respondent to consider representation on merits. (Para 4) |
| 3. petition disposed with direction for decision in 8 weeks. (Para 5 , 6) |
O R D E R
Heard Mr. V.G. Vallarasu Chezhiyan, learned counsel for the petitioner; Mr. S.S. Madhavan, learned Additional Government Pleader, who accepts notice on behalf of respondents 1 and 2; and Mr. K. Balasubramani, learned Special Government Pleader, who accepts notice on behalf of the third respondent.
2.The petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the respondents to remove the road allegedly laid in the petitioner’s patta land in S.No. 191/4, to an extent of 2.47 cents, situated at Ariyavur Village, Srirangam Taluk, Tiruchirappalli District.
3.The petitioner claims to be in possession and enjoyment of the subject property as its absolute owner. According to the petitioner, the third respondent, without following due process of law, has laid a road on the said patta land. The grievance of the petitioner is that the representation submitted to the respondents seeking removal of the alleged encroachment has not been considered.
4.Mr. K. Balasubramani, learned Special Government Pleader appearing for the third respondent, on instructions, submitted that the petitioner’s representation dated 03.03.2026 will be considered on merits by the third respondent within a time frame to be fixed by this Court. The said submission is taken on record.
5.In view of the above, the writ petition is disposed of with a direction to the third respondent to consider the petitioner’s representation dated 03.03.2026 on its own merits and pass appropriate orders in accordance with law.
6.The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
7.There shall be no order as to costs.
