Kannammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.28831 OF 2012 AND M.P.NOS.1 & 2 OF 2012 Kannammal ... Petitioner .Vs.
1. The District Collector,
2. The Thasildar, Thiruvanamalai Taluk,
3. The Revenue Division Officer,
4. The Panchayat President, Konalur Village & Post, Thiruvannamalai Taluk,
5. The Superintendent of Police, ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents from creating a pathway or road through petitioner irrigation canal, or in my patta lands in Survey No.60/1, 59/3B, 51/2, 58/3, 59/2, 59/3, 59/3A, 60/2, 49/2, 49/3 of Konalur Village, Thiruvannamalai Taluk and District.
For Petitioner : No appearance For R1 to R3 & R5 : Mr.Stalin Abimanyu For R4 : Mr.V.Jayaprakash Narayanan
O R D E R
The relief sought in this writ petition is to forbear the respondents from creating a pathway or road through petitioner's irrigation canal or in his patta lands in Survey Nos.60/1, 59/3B, 51/2, 58/3, 59/2, 59/3, 59/3A, 60/2, 49/2, 49/3 of Konalur Village, Thiruvannamalai Taluk and District.
2. On 08.07.2021, when the matter was taken up for consideration, there was no representation for the petitioner either in person or through the learned counsel and hence, the same was directed to be posted today i.e., on 15.07.2021 under the caption 'for dismissal'. Even today, there is no representation for the petitioner.
3. However, the learned counsel appearing for the respondents jointly submitted that there is no proposal pending with the respondent authorities to create a pathway or road through patta lands and hence, the allegation raised by the petitioner is baseless.
4. In view of the above submission made by the learned counsel for the respondents, no mandamus can be issued to the respondents at the instance of the petitioner. Hence, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar av To
1. The District Collector,
2. The Thasildar, Thiruvanamalai Taluk,
3. The Revenue Division Officer,
4. The Panchayat President, Konalur Village & Post, Thiruvannamalai Taluk,
5. The Superintendent of Police, +1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.33783 W.P.NO.28831 OF 2012 AND M.P.NOS.1 & 2 OF 2012 SR(CO) PBS/18/08/2021