A.Kirubakaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.10723 of 2025 and WMP No.12075 of 2025 A.Kirubakaran

...Petitioner

-Vs1.The District Collector, Krishnagiri District - 635 115.

2. Block Development Officer, Kaveripattinam Town, Krishnagiri District-635 112.

3. The President, Kaveripattinam Town Panchayat, Palacode Road, Kaveripattinam, Krishnagiri District-635 112.

4. The Tahsildar, Kaveripattinam Taluk, Krishnagiri District.

5.Village Administrative Officer, Kundalapatti Village, Kaveripattinam Taluk, Krishnagiri District.

6. The Inspector of Police, Kaveripattinam Police Station, Krishnagiri Taluk and District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondents 1 and 2 herein to remove and replace the road illegally laid on our patta land comprised in Survey No.53/1 and our land in Survey No.477, Kaveripattinam Village and Kundalapatti Village respectively and surrender vacant land to the petitioner. For Petitioner :

Mr.S.Sadasharam For Respondents :

Mr.N.Naveen Kumar Government Advocate For R.1, R.4 and R.5 :

Ms.R.Rajarajeswari Government Advocate For R.2 and R.3 Mr.R.Kishore Kumar Government Advocate (Crl.Side) For R.6

O R D E R

Pursuant to the order passed by this Court on 27.03.2025, directing the fourth respondent to file a Status Report, the same is filed today before this Court. In the Status Report dated 11.04.2025, the relevant paragraphs are extracted herein:- " 5. It is submitted that the road has been laid in the patta lands of the petitioner. Laying of this 2/6

road has been now stopped. But full fledged road was not formed in the patta lands of the petitioner. Only gravels have been deposited for laying the road by the Executive Officer, Town Panchayat, Kaveripattinam.

6. .....

7. .....

8. ....

9. It is submitted that the land in question was surveyed by issuing notice to the petitioner and the date and time of measuring lands was wll informed to the petitioner.

10. It is submitted that 4th respondent is not laying any road in the subject matter lands. The prayer of the petitioner relates to Executive Officer Town Panchayat Kaveripattinam. Hence, it is humbly prayed to this Honourable Court pleased to exonerate and delete the 4th respondent from this petition."

2. Learned Government Advocate appearing for the fourth respondent would submit that the road which was laid on the petitioner's land has been 3/6

restored to the petitioner and fencing has been put up by the petitioner and there is no proposal to lay any road in future in the subject matter of the property, which is patta land of the petitioner.

3. In view of the Status Report dated 11.04.2025, filed by the fourth respondent, nothing survives for further adjudication in this writ petition and the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

16.04.2025 sr Index : Yes/No Speaking/Non Speaking order To 1.The District Collector, Krishnagiri District - 635 115.

2. Block Development Officer, Kaveripattinam Town, Krishnagiri District-635 112.

3. The President, Kaveripattinam Town Panchayat, Palacode Road, Kaveripattinam, Krishnagiri District-635 112.

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4. The Tahsildar, Kaveripattinam Taluk, Krishnagiri District.

5.Village Administrative Officer, Kundalapatti Village, Kaveripattinam Taluk, Krishnagiri District.

6. The Inspector of Police, Kaveripattinam Police Station, Krishnagiri Taluk and District.

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J.SATHYA NARAYANA PRASAD, J.

sr 16.04.2025 6/6