Mr.M.Kumaresan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2022
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.31151 of 2016 Mr. M.Kumaresan ... Petitioner Vs.
The District Collector, Collectorate Office, Sathuvacherry, Vellore District ... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondent to consider the petitioner's representation dated 08.08.2016 seeking for compensation for acquiring agricultural lands of the petitioner in Survey No.592, K.G.Eriyur, Anaikattu Taluk, Vellore District.
For Petitioner : Mr. S.P.Arthi For Respondents: Mr. P.Ganesan, AGP
O R D E R
This writ petition has been filed seeking a direction to consider the representation of the petitioner seeking compensation for the land in Survey No.592, K.G.Eriyur , Anaiattu Taluk,
2. According to the petitioner, the land in Survey No.592, E.G.Eriyur, Anaikattu Taluk, belongs to the petitioner. But without invoking acquisition proceedings and also without getting any permission from the petitioner, the respondents are laying a road thereon. Even though, the petitioner approached the respondents seeking compensation, it has not been considered so far. Hence, the present writ petition has been filed. 3 The learned Additional Government Pleader appearing for the respondent submitted that as the land belongs to the Government, the petitioner cannot claim any right or title over https://hcservices.ecourts.gov.in/hcservices/
the property. The public make a representation for laying road, and originally, it was a mud road and on the request made by the general public, it has been converted . In the said circumstances, the petitioner cannot claim compensation.
4. Considering the disputed fact with regard to the title over the property, if at all the petitioner aggrieved over the same, it is open to him to approach the Civil Court to get his right declared and get compensation. As this is a title dispute between the parties, this Court cannot go into those dispute.
5. In this circumstances, this writ petition is dismissed. However, it is open to the petitioner to approach the Civil Court to get his title declared, if he is so advised. No costs. Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar mrp To The District Collector, Collectorate Office, Sathuvacherry, Vellore District +1cc to Ms.S.P.Arthi, Advocate SR.No.27650 +1cc to Special Government Pleader SR.No.27540 W.P.No.31151 of 2016 SKM(CO) GMY(24/05/2022) https://hcservices.ecourts.gov.in/hcservices/