Govindan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 6975 of 2023 Govindan ... Petitioner -vs1. The District Collector, Salem District.

2. The Tahsildar, Omalur Taluk, Salem District.

3. The Block Development Officer, Omalur Taluk, Salem District.

4. The President, Pappampadi Panchayat, Omalur Taluk, Salem District.

5. The President, Desavilakku Panchayat, Omalur Taluk, Salem District.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to issue forbearing the respondents in laying the Tar road and Drainage in the Petitioner's patta land situated in 1/5

S.F.No. 462/1A at Desavillaku South Village, Omalur Taluk, Salem District by considering Petitioner's communication dated 30.12.2022 through Counsel and his representation dated 11.01.2023.

For Petitioner :

Mr. R.Marudhachalamurthy For Respondents :

Mr. U. Baranidaran Additional Government Pleader (for R1 & R2) Mr.S.J.Mohamed Sathik Government Advocate (for R3 to R5)

O R D E R

Heard Mr. R.Marudhachalamurthy, Learned Counsel for the Petitioner, Mr. U. Baranidaran, Learned Additional Government Pleader appearing for the First and Second Respondent and Mr.S.J.Mohamed Sathik, Learned Government Advocate for the Third to Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed to forbearing the Respondents in laying Tar Road and Drainage in the patta land of the Petitioner situated at S.F. No. 462/1A at Desavillaku South Village, Omalur Taluk, Salem District by considering the communication dated 30.12.2022 made through his Counsel and his representation dated 11.01.2023.

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3.

Learned Government Advocate appearing for the Third Respondent, on instruction, states that there is no proposal by the Respondents for laying Tar Road and Drainage in the aforesaid property of the Petitioner and he has filed a memo dated 26.04.2023 to that effect, which is placed on record. In view of the same, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

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

21.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 02.02.2024.

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To

1. The District Collector, Salem District.

2. The Tahsildar, Omalur Taluk, Salem District.

3. The Block Development Officer, Omalur Taluk, Salem District.

4. The President, Pappampadi Panchayat, Omalur Taluk, Salem District.

5. The President, Desavilakku Panchayat, Omalur Taluk, Salem District.

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P.D. AUDIKESAVALU, J.

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