R.Jayababu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.JAYABABU .. Petitioner Vs

1. THE DISTRICT COLLECTOR VELLORE DISTRICT.

2. THE REVENUE DIVISIONAL OFFICER OFFICE OF REVENUE DIVISION, GUDIYATHAM TALUK, VELLORE DISTRICT.

3. UMAKANTHAN PANCHAYAT PRESIDENT, VEERICHETTIPALLI PANCHAYAT, GUDIYATHAM TALUK, VELLORE DISTRICT.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd respondent restraining from laying road by encroaching the petitioner's land situated in Survey No.373/1B to the extent of 0.40 Hectare 6.13 Kist situated at Veerichettipalli Village, Gudiyatham Taluk, Vellore District, by considering the petitioner's representation dated 9.3.2024.

For the Petitioner : Mr.Sudhakaran for M/s.Karan and Uday For the Respondents : Mr.P.Harish Government Advocate for respondents 1 and 2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.Sudhakaran, learned counsel for the petitioner; and Mr.P.Harish, learned Government Advocate for respondents 1 and 2.

2. The petitioner submits that the land in Survey No.373/1B is a private land owned by the petitioner. No road exists in the said land. The respondent authorities are trying to lay the road.

3. Learned Government Advocate has placed on record a status report filed by the second respondent. It is stated that Survey No.373/1B is a patta land and there is no encroachment. A new road is proposed to be laid in Survey Nos.373/1A, 373/1C, 372/5A and 372/5C. The said lands are remarked as Nilaviyal

Pathai in UDR 'A' Register. The work order for laying the road is issued, however, till date road is not laid.

4. As the second respondent states that no road is proposed to be laid in Survey No.373/1B and that the proposal for laying of the new road is in Survey Nos.373/1A, 373/1C, 372/5A and 372/5C, no orders are required to be passed in the writ petition. If there is any dispute with regard to the boundaries and/or the identification of the property, then it is for the parties to take steps before the civil court.

The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.8735 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 27.03.2024 Index :

Yes/No Yes/No sasi To

1. THE DISTRICT COLLECTOR VELLORE DISTRICT.

2. THE REVENUE DIVISIONAL OFFICER OFFICE OF REVENUE DIVISION, GUDIYATHAM TALUK, VELLORE DISTRICT.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 27.03.2024