Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.10250 of 2021 Arumugam

...Petitioner

-Vs -

1. The District Collector, Cuddalore District.

2. The Tahsildar, Panruti Taluk, Cuddalore District.

3. The President, Visoor Village Panchayt, Panruti Taluk, Cuddalore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first and second respondents to consider the petitioner's representation dated 02.04.2021 and take necessary action against the third respondent for her illegal action in the capacity of president for forming road in the petitioner's land in survey No.165/2 vide document No.3267 of 2019 on the file of the Sub Registrar, Kadampuliyur.

For Petitioner : Mr.R.Raji For Respondents For R1 & R2 : Mr.S.J.Mohamed Sathik Government Advocate.

ORDER

This writ petition has been filed for direction directing the respondents 1 & 2, to consider the representation submitted by the petitioner dated 02.04.2021, thereby seeking appropriate action as against the third respondent for her illegal action in the capacity of president for forming road in the patta land of the petitioner. 2.

The petitioner had purchased the property comprised in survey No.165/2 situated at Kadampuliyur village, Panruti Taluk, Cuddalore District. While being so, the third respondent, who is the president of Visoor village panchayat, is trying to put up permanent road in the land belongs to the petitioner. Hence, the petitioner filed the present writ petition with the above prayer.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

On written instructions, the learned Government Advocate appearing for the respondents 1 & 2 submitted that the land comprised in survey No.165/2 ad measuring 0.16.5 acres stands in the name of the petitioner's father. Even before the purchase of the said land by the petitioner's father, there was a mud road in eight feet width used by the general public to reach their respective cultivating lands. That apart, there is no proposal to lay any new road on the petitioner's patta land. 5.

Recording the said submission, the Writ Petition stands closed. Consequently, connected miscellaneous petition is also closed. There shall be no orders as to costs.

04.06.2024 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts

1. The District Collector, Cuddalore District.

2. The Tahsildar, Panruti Taluk, Cuddalore District.

3. The President, Visoor Village Panchayt, Panruti Taluk, Cuddalore District.

and W.M.P.No.10250 of 2021 04.06.2024