Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 1049 of 2024 Elumalai ... Petitioner -vs1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Mettur,

3. The Tahsildar,

4. The Block Development Officer, Block Development Office, Tharamangalam,

5. The Village Administrative Officer,

6. The President, Manathaal Village Panchayat, 1/6

7. Subramani

8. The Inspector of Police, Tholasampatti Police Station, Tholasampatti, ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Fourth and Sixth Respondents from laying road in Government Kallanguthu land situated in S. No. 300/18, Manathaal Village, Omalur Taluk, Salem District without any authority of law based on the representation dated 06.01.2024. For Petitioners :

Mr. M.P.Rajavelayutham For Respondents :

Mr. S.J.Mohamed Sathik, Government Advocate (for R1 to R6) Mr. J.Subbiah, Government Advocate (Criminal Side) (for R8)

O R D E R

Heard Mr. M.P.Rajavelayutham, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the First to Sixth Respondents, and Mr. J.Subbiah, Learned Government 2/6

Advocate (Criminal Side), who takes notice for the Eighth Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Seventh Respondent, notice to him is dispensed with.

3.

The Writ Petition has been filed for forbearing the Fourth and Sixth Respondents from laying road in Government Kallanguthu land situated in Survey No. 300/18, Manathaal Village, Omalur Taluk, Salem District without any authority of law.

4.

Learned Government Advocate appearing for the First to Sixth Respondents, on instructions, states that the Fourth and Sixth Respondents do not propose to lay down road or erect any building in Survey No. 300/18, Manathaal Village, Omalur Taluk, Salem District at present and a memo dated 18.01.2024 has been filed by the Fourth Respondent to that effect. In view of the same, nothing remains for further consideration in the Writ Petition. 3/6

In the result, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

18.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 28.03.2024.

vjt To

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Mettur,

3. The Tahsildar,

4. The Block Development Officer, Block Development Office, Tharamangalam,

5. The Village Administrative Officer,

6. The President, Manathaal Village Panchayat, 4/6

7. The Inspector of Police, Tholasampatti Police Station, Tholasampatti, Copy to Subramani, Tholasampatti, 5/6

P.D. AUDIKESAVALU, J.

vjt 18.01.2024 6/6