- Court
- High Court of Madras
- Decided
- 28 January 2026
- Bench
- S.M. Subramaniam, C.Kumarappan
- Case no.
- WP 1634/2026
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Judgment
ORDER (Order of the Court was made by C.KUMARAPPAN J.) The present writ petition has been filed instead of filing a suit.
¶2Learned counsel for the petitioner would submit that property in SF.No.49/4A1, Sellipalayam Village, Sathyamangalam Taluk, Erode District is the absolute property of the petitioner, whereas the Government has issued the impugned order directing the petitioner not to put up any construction in the above area as the said SF.Number comes within the purview of Public Works Department, Water Resources Organisation.
¶3Per contra, the main contention put forth by the learned Special Government Pleader is that since the property belongs to the petitioner, he is not entitled to maintain any writ petition. Even if the respondent interferes with the petitioner's peaceful possession, it is for the petitioner to approach the competent Civil Court to get an appropriate remedy.
¶4As rightly contended by the learned Special Government Pleader, now that the petitioner sets up title with him. But the Government seriously Page4 of 6 disputes the same and they claim right over the property. The above factual position clearly demonstrates the disputed facts between either parties. In such scenario, no writ can be maintained to resolve the disputed question of fact.
¶5Accordingly, this Court finds that there are no merits in the present writ petition. In the result, the writ petition is dismissed, giving liberty to the petitioner to approach the Civil Court. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (C.K.,J.) 28-01-2026 Index: Yes/No Speaking/Non-speaking order GD To
¶1The District Collector Erode District,' Collectorate,' Erode 638 011
¶2The Revenue Divisional officer Gobichettipalayam 638 452
¶3The Tahsildar Sathyamangalam Taluk office, Erode District
¶4The Engineer in Chief (WRO ) and Chief Engineer (General) Public Works Department Chepuak, Chennai 600 005 Page5 of 6
¶5The Chief Engineer, P.W.D., W.R.O., Pollachi Region, Town Hall, coimbatore 641 011
¶6The Executive Engineer (WRD) BHavanisagar Dam Division Bhavnisagar (Po) Sathyamangalam (TK) PIN 638 451
¶7The Assistant divisional Engineer (WRO) Bhavanisagar Dam Division, gobichettypalayam 638 452
¶8The Assistant Engineer (WRO) Irrigation Section - Bhavanisagar Dam division, WPoNo.o1634oofo2026 S.M.SUBRAMANIAM,eJ. AND C.KUMARAPPAN,eJ. GD WPeNo.e1634eofe2026 28-01-2026 Page6oofo6
Case details
Parties and counsel
2026:MHC:445 Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-01-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Dr.N.A.Priyadharshini ..Petitioner(s) Vs 1. The District Collector Erode District, Collectorate, Erode 638 011 2. The Revenue Divisional officer Gobichettipalayam 638 452 3. The Tahsildar Sathyamangalam Taluk office, Erode District 4. The Engineer in Chief (WRO ) and Chief Engineer (General) Public Works Department Chepauk, Chennai 600 005 Page2 of 6 5. The Chief Engineer, P.W.D., W.R.O., Pollachi Region, Town Hall, Coimbatore 641 011 6. The Executive Engineer (WRD) Bhavanisagar Dam Division Bhavnisagar (PO) Sathyamangalam (TK) PIN 638 451 7. The Assistant divisional Engineer (WRO) Bhavanisagar Dam Division, Gobichettypalayam 638 452 8. The Assistant Engineer (WRO) Irrigation Section - Bhavanisagar Dam Division, ..Respondent(s) Calling for the records relating to the impugned order passed by the 8th respondent in Lr. No Ko. 14/ 2025 / AE / Sathy dated 23.09.2025, quash the same and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of her land situated in S.F. No 49/4A1, Sellipalayam Village, Sathyamangalam Taluk, Eode District and further direct the respondents 7 and 8 to pay compensation as fixed by this Court to the petitioner for illegal demolition of the retaining wall in the subject matter land and for causing hardship and mental agony to the petitioner and her family members. Page3 of 6 For Petitioner(s): Mr.D.Arun Kumar For Mr. K.R. Annamalai For Respondent(s): Mr.A. Selvendran, Special Government Pleader For R1 To 8.
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