R.Perumal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.7934 of 2019 R.Perumal .. Petitioner Vs 1 The District Collector District Collectorate Office Namakkal District.
2 The District Revenue Officer District Collectorate Office Namakkal District.
3 The Revenue Divisional Officer Namakkal District.
4 The Tasildhar Senthamangalam Namakkal District.
5 The Block Development Officer Erumapatti, Namakkal District.
6 The District Adidravidar and Tribal Welfare Officer District Collectorate Office Namakkal District.
7 Ramasamy .. Respondents PRAYER:
Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the sixth respondent to take appropriate steps to acquire the lands for the pathway of the burial ground in S.No.156/2, Pazhapalayam Post, Sethamangalam Taluk, Namakkal District and also direct respondents 1 to 5 to remove the encroachments made by 7th respondent in S.No.156/2, Pazhapalayam Post, Sethamangalam Taluk, Namakkal District.
For Petitioner : Mr.G.Mohammed Aseef For Respondents : Mr.S.N.Parthasarathi Government Advocate for respondents 1 to 6 No appearance for 7th respondent
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a writ of mandamus directing the sixth respondent to take appropriate steps to acquire the lands for the pathway of the burial ground in S.No.156/2, Pazhapalayam Post, Sethamangalam Taluk, Namakkal District and also direct respondents 1 to 5 to remove the encroachments made by seventh respondent in the said survey number.
2. The sixth respondent filed a counter wherein it has been stated that the official respondents are taking steps to acquire the lands in Survey Nos.156/1A and 1B measuring an extent of 0.02.5 acres for formation of an approach road. Further, the sixth respondent has stated that the seventh respondent filed civil suit in O.S.No.138 of 2015 on the file of the District Munsif Court, Namakkal and the same is pending. That apart, the sixth respondent has stated that after getting over the hurdles, the official respondents would initiate acquisition proceedings for the formation of the road.
3. In view of the categorical statement made by the sixth respondent to the effect that they would acquire the lands for formation of the road, no further direction need be issued to the official respondents. Accordingly, the writ petition is closed. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi
To:
1 The District Collector District Collectorate Office Namakkal District.
2 The District Revenue Officer District Collectorate Office Namakkal District.
3 The Revenue Divisional Officer Namakkal District.
4 The Tasildhar Senthamangalam Namakkal District.
5 The Block Development Officer Erumapatti, Namakkal District.
6 The District Adidravidar and Tribal Welfare Officer District Collectorate Office Namakkal District.
+1cc to Mr.S.Kalyanaraman, Advocate, S.R.No.65702 +1cc to Mr.G.Mohammed Aseef, Advocate, S.R.No.65865 +1cc to the Government Pleader, S.R.No.65475 W.P.No.7934 of 2019 SV(CO) CS/10/09/2019