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Madras High CourtWP/3657/2023disposed of

B.Krishnamma v. The District Collector

2023-02-09Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.Nos.3745 & 3746 of 2023 B.Krishnamma ... Petitioner Vs.

1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruthani, Tiruvallur District.

3.The Tahsildar, Pallipattu Taluk, Tiruvallur District.

4.The Block Development Officer, Pallipattu Block, Tiruvallur District.

5.The President, Keechalam Panchayat, Pallipatti Taluk, Tiruvallur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 3 to 5 from laying road on the property of the petitioner comprised in Survey No.95/3, Keechalam Village, Pallipattu Taluk, Thiruvallur District and consequently direct the 3rd respondent to pay compensation for the loss sustained to the tune of Rs.28,35,000/- on account of 1/4

the unmindful act of the respondents on the property of the petitioner comprised in Survey No.95/3, Keechalam Village, Pallipattu Taluk, Thiruvallur District. For Petitioner : Mr.K.Venkateswaran For Respondents : Mr.N.Naveen Kumar, for RR1 to 3 Government Advocate Mr.S.Ravichandran, for RR4 & 5 Additional Government Pleader

O R D E R

This Writ Petition has been filed to forbear the respondents 3 to 5 from laying road on the property of the petitioner comprised in Survey No.95/3, Keechalam Village, Pallipattu Taluk, Thiruvallur District and consequently direct the 3rd respondent to pay compensation for the loss sustained to the tune of Rs.28,35,000/- on account of the unmindful act of the respondents on the property of the petitioner comprised in Survey No.95/3, Keechalam Village, Pallipattu Taluk, Thiruvallur District.

2.

The grievance of the petitioner is that the respondents are trying to interfere with the petitioner's property to lay the road for the benefit of the third party and in that process they also caused damage to the crops. 3.

Learned counsel appearing for the respondents, on instructions, would submit that the respondents have no proposal to lay any road. What has been 2/4

removed is only encroachment made by the petitioner on the water bodies. According to him, only to chanalize the water bodies, some work has been carried out and there is no proposal to lay any road. 4.

In such view of the matter, no further order is required and still the petitioner persist to claim any compensation for the alleged damage, it is for her to establish the same before the appropriate civil forum. 5.

Accordingly, this Writ Petition is closed. Consequently, connected miscellaneous petitions are also closed. No costs. 09.02.2023 Index :Yes/No AT 3/4

N.SATHISH KUMAR, J.

AT To 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruthani, Tiruvallur District.

3.The Tahsildar, Pallipattu Taluk, Tiruvallur District.

4.The Block Development Officer, Pallipattu Block, Tiruvallur District.

5.The President, Keechalam Panchayat, Pallipatti Taluk, Tiruvallur District.

W.P.No.3657 of 2023 and W.M.P.Nos.3745 & 3746 of 2023 09.02.2023 4/4