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Madras High CourtWP/24176/2012closed

K.Sampath v. The District Collector

2022-01-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.24176 of 2012 and M.P.No.1 of 2012 K.Sampath ... Petitioner Vs

1. The District Collector Namakkal O/o.District Collectorate, Namakkal, Namakkal District.

2. The Thasildhar, Rasipuram Taluk, Namakkal District.

3. The President, Minnakkal and Vadugampalayam Panchayath, Vennandur Post, Rasipuram Taluk, Namakkal District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents and their subordinates from interfering with the petitioner's peaceful possession and enjoyment or lay the road in the petitioner's father's land situated at Nachipatti Village, Rasipuram Taluk, Namakkal District comprised in S.No.2/2 having patta No.84. For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader (for R1 & R2) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus, forbearing the respondents and their subordinates from interfering with the petitioner's peaceful possession and enjoyment or lay the road in the petitioner's father's land situated at Nachipatti Village, Rasipuram Taluk, Namakkal District comprised in S.No.2/2 having patta No.84.

2. The learned Additional Government Pleader, on instructions states that the second respondent submitted that in the subject land in question, they have not proposed to lay any road or use it for any other purpose.

3. Recording the said submission, this Writ Petition is closed. However, if the second respondent intends to use the subject land for laying road or other purposes, the second respondent is directed to acquire the subject land by due process of law. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar kv To

1. The District Collector Namakkal O/o.District Collectorate, Namakkal, Namakkal District.

2. The Thasildhar, Rasipuram Taluk, Namakkal District.

3. The President, Minnakkal and Vadugampalayam Panchayath, Vennandur Post, Rasipuram Taluk, Namakkal District.

+1cc to Mr.R.Nalliyappan, Advocate SR.No.1819 W.P.No.24176 of 2012 SJ(CO) GMY(28/01/2022) https://hcservices.ecourts.gov.in/hcservices/