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Madras High CourtWP/2703/2023disposed of

Kumudhan v. The Chairman

2023-02-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP.No.2806 of 2023 Kumudhan ... Petitioner

Versus

1. The Chairman, Krishnagiri Municipality, Krishnagiri.

2. The Commissioner, Krishnagiri Municipality, Krishnagiri.

3. The Municipal Engineer, Krishnagiri Municipality, Krishnagiri.

4. Vinayagam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 not to laying road and any other work in petitioner property potion of the sub division of the lands in Survey No.60/1, Ward No.A, Block No.19, Kattiganapalli, Krishnagiri Taluk and District for purpose of laying roads without due process of law of acquisition.

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For Petitioner : Mr.V.Ramesh Vel For Respondents : Mr.B.Anand, Standing Counsel For Krishnagiri Municipality RR1 to 3

ORDER

The writ petition has been filed seeking a direction to the respondents 1 to 3 not to lay the road and any other work in petitioner property in Survey No.60/1, Ward No.A, Block No.19, Kattiganapalli, Krishnagiri Taluk.

2. The only grievance of the petitioner is that the respondents are trying to lay the road on the patta land of the petitioner without making any enquiry. The petitioner sent notice on 01.12.2022 to the respondents 1 to 3 to drop all road laying works. Despite the receipt of notice, the respondents are continuing their illegal activities without any acquisition proceedings. Hence, the present petition.

3. In such view of the matter, the respondents 1 to 3 are directed to survey the land by the Head Surveyor, Taluk Office, Krishnagiri District, in the presence of the petitioner within a period of four weeks from the date of reciept of a copy of this order and thereafter, lay the road. 2/4

4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2023 rli Index : Yes/No To

1. The Chairman, Krishnagiri Municipality, Krishnagiri.

2. The Commissioner, Krishnagiri Municipality, Krishnagiri.

3. The Municipal Engineer, Krishnagiri Municipality, Krishnagiri.

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N. SATHISH KUMAR, J.

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