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Madras High CourtWP/9679/2015dismissed

M.Paramasivam v. The District Collector

2023-03-10Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM M.Paramasivam ..

Petitioners vs

1. The District Collector Salem District, Salem.

2. The Project Director O/o the Projector Director Salem District.

3. The Block Development Officer Thalaivasal, Salem District.

4. The Assistant Engineer Panchayat Union Thalaivasal, Salem District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus, forbearing the respondents from acquiring or laying road in the petitioner's agricultural patta landed property situated in Survey No.167/7, 165/8, 165/9 and 165/10 at Vellaiyur Village and Post, Gangavalli Taluk, Salem District - 636 169 except due process of law.

For the Petitioner : Mr.A.Rajesh Kanna For the Respondents : Mr.P.Sanjay Gandhi Government Advocate for respondents 1, 2 & 4 Mr.P.Chinnadurai for respondent 3

ORDER

The relief sought for in the present writ petition is to forbear the respondents from acquiring or laying road in the petitioner's agricultural patta land situated in Survey No.167/7, 165/8, 165/9 and 165/10 at Vellaiyur Village and Post, Gangavalli Taluk, Salem District - 636 169.

2. The learned counsel appearing on behalf of the third respondent made a submission that there is no acquisition made in respect of the property belonging to the petitioner and therefore, the writ petition is not maintainable. That apart, no road has been laid in that land belonging to the petitioner.

3. In view of the fact that the land belonging to the petitioner has not been acquired, the relief as sought for in this writ petition deserves no further consideration and accordingly, the writ petition stands dismissed. There will be no order as to costs.

Index : Yes/No 10.03.2023 Neutral Order:Yes/No drm To:

1. The District Collector Salem District, Salem.

2. The Project Director O/o the Projector Director Salem District.

3. The Block Development Officer Thalaivasal, Salem District.

4. The Assistant Engineer Panchayat Union Thalaivasal, Salem District.

S.M.SUBRAMANIAM,J.

(drm) 10.03.2023