Madras High CourtWP/1114/2020closed

R.Periyasamy v. The District Collector,

2022-02-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.02.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1114 of 2020 and W.M.P.No.1337 of 2020 R. Periyasamy ... Petitioner Vs

1. The District Collector, Udhagamandalam, The Nilgiris District.

2. The Revenue Divisional Officer, Gudalur, The Nilgiris District.

3. The Tahsildar, Gudalur, The Nilgiris District. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents forbearing the respondents from forcibly entering into any portion of my private Absolute Property bearing S.Nos.1099/1A & 1B at Gudalur Village, The Nilgiris, measuring in total 29,393 Cents and bearing Patta Nos.1950 & 1115 and use the same for widening the illegal pathway situated adjacent to the same without acquiring and taking possession of such portion from the petitioner in accordance with the provisions contained under the Right to Fair Compensation and Transparency in Land acquisition, Rehabilitation & Resettlement Act 2013.

For Petitioner ... Mr. K.P.Jotheeswaran For Respondents ... Mr. G. Krishnaraja, Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The present petition has been filed to forbear the respondents from entering into the petitioner's private property and from widening the illegal pathway which is situated adjacent to the petitioner's property, without acquiring and taking possession of the same.

2. When the matter is taken up for hearing, learned counsel for the petitioner submits that, during the pendency of the Writ Petition, in the absence of any interim order passed by this Court, the respondents have laid the road in the subject property.

3.Recording the same, this Writ Petition is closed. However, liberty is granted to the petitioner to work out the remedy in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR NHS To

1. The District Collector, Udhagamandalam, The Nilgiris District.

2. The Revenue Divisional Officer, Gudalur, The Nilgiris District.

3. The Tahsildar, Gudalur, The Nilgiris District.

+1cc to the Government Pleader Sr.10835 W.P.No.1114 of 2020 rk[co] srg 06/04/2022 https://hcservices.ecourts.gov.in/hcservices/