P. Jayaraman @ Pulipadu Jayaraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Jayaraman @ Pulipadu Jayaraman .. Appellant

Versus

1. The District Collector, Thiruvallur,

2. The Revenue Divisional Officer, Tiruttani,

3. The Tahsildar, Tiruttani,

4. The Block Development Officers, Thiruvallangadu,

5. The Directorate of Village Panchayats, Panagal Maligai, Saidapet, Chennai District.

1/6

6. Umapathy

7. The Executive Engineer, Highways Department, Village Roads, Chengalpattu Division.

8. The President, Gulur Panchayat, Rep. by U.Meena, Tiruttani Taluk, .. Respondents Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the order in W.P.No.12355 of 2020 by order, dated 14.02.2023. For Appellant : Mr.C.Venkatesan For Respondents : Mr.C.Kathiravan, Special Government Pleader, for RR-1 to 3, 5 and 7 : Mr.A.Anandan, Government Advocate for R4

JUDGMENT

(Judgment of the Court is made by the Hon'ble Chief Justice) Heard Mr.C.Venkatesan, learned Counsel for the appellant, Mr.C.Kathiravan, learned Special Government Pleader for the respondent Nos.1 to 3, 5 and 7 and Mr.A.Anandan, learned Government Advocate for the fourth respondent.

2/6

2. The learned Counsel for the appellant submits that the learned Single Judge committed an error while dismissing the Writ Petition. The appellant is the owner of a large extent of land. Adjoining the National Highway 205, the appellant owns approximately 4 acres of land in S.No.153 and the said land is subdivided into various subdivisions. Patta has been issued bearing No.1329. The respondents could not have formed a road.

3. We have considered the submissions canvassed by the learned Counsel for the appellant and gone through the order passed by the learned Single Judge.

4. The Clause No.7 of the conditions of assignment patta would reveal that the Government has retained the power and the right over the existing canals, roads etc., which were situated in the assigned land. It was further observed that the A-register relating to the said survey number shows that the area has been subdivided as road (Nilaviyal road) and the village people are using the pathway for more than 20 years. 3/6

5. We do not find any error committed by the learned Single Judge and this Writ Appeal, as such, is dismissed. There shall be no order as to costs. Consequently, C.M.P.No.3498 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 07.03.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Collector, Thiruvallur,

2. The Revenue Divisional Officer, Tiruttani,

3. The Tahsildar, Tiruttani,

4. The Block Development Officers, Thiruvallangadu,

5. The Directorate of Village Panchayats, Panagal Maligai, Saidapet, 4/6

Chennai District.

6. The Executive Engineer, Highways Department, Village Roads, Chengalpattu Division.

5/6

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

grs 07.03.2024 6/6