Sumathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and W.M.P.No.9315 of 2023 Sumathi W/o.Gnanasekar No.2/84, Pillaiyar Koil Street Anjur Dhargas Village Chengalpattu Taluk Chengalpattu District.

... Petitioner Vs.

1.The District Collector Chengalpattu District Chengalpattu 2.The Revenue Divisional Officer O/o.Revenue Divisional Officer Chengalpattu Chengalpattu District 3.The Tahsildhar Chengalpattu Tahsildhar Office Chengalpattu Chengalpattu District.

4.The Block Development Officer Kattankulathur Block Development Office Kattankulathur Chengalpattu District.

... Respondents 1/4

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 4th Respondent to remove the road laid in Petitioner's land in Survey No.264/17, admeasuring to the extent of the 0.14 cent situated in Anjur Village, Chengalpattu Taluk, Chengalpattu District by consider Petitioner's representation dated 14.03.2023. For Petitioner : Mr.A.Venkatesan For Respondents : Mr.A.M.Ayyathurai (for R1 to R3) Government Advocate Mr.P.Anandakumar (for R4) Government Advocate

O R D E R

This Writ Petition has been filed seeking direction to the 4th Respondent to remove the road laid in Petitioner's land in Survey No.264/17, admeasuring to the extent of the 0.14 cent situated in Anjur Village, Chengalpattu Taluk, Chengalpattu District by consider Petitioner's representation dated 14.03.2023. 2.Mr.A.M.Ayyathurai, learned Government Advocate, takes notice on behalf of R1 to R3 and Mr.P.Anandakumar, learned Government Advocate, takes notice on behalf of R4.

3.This Petition has been filed for a direction to the 4th Respondent/BDO to dispose of the representation, to the effect that the Petitioner is the owner of 2/4

the land in S.No.264/2017, however, instead of laying the road in S.No.264/3, the Respondents laying road in 264/17. Sale deeds and patta deeds of the Petitioner's property have also been filed before this Court. 4.Learned Government Advocate seeks time to ascertain the Survey Numbers. Since the Petitioner is the owner of the land and patta is also stands in his name, I am inclined to pass a direction, directing the 4th Respondent to pass orders on the representation made by the Petitioner dated 14.03.2023 and also not to lay the road in the patta land of the Petitioner, without following due process of law and dispose of the representation of the Petitioner dated 14.03.2023, within a period of two weeks from the date of receipt of a copy of this order.

5.In fine, this Writ Petition is disposed of to the extent indicated above. No costs. Consequently, connected Miscellaneous Petition is closed. 27.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 3/4

RMT.TEEKAA RAMAN.J, sai To 1.The District Collector Chengalpattu District Chengalpattu 2.The Revenue Divisional Officer O/o.Revenue Divisional Officer Chengalpattu Chengalpattu District 3.The Tahsildhar Chengalpattu Tahsildhar Office Chengalpattu Chengalpattu District.

4.The Block Development Officer Kattankulathur Block Development Office Kattankulathur Chengalpattu District.

and W.M.P.No.9315 of 2023 Dated: 27.03.2023 4/4