M.Dhamodharan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.2591/2015 & MP.No.1/2015 M.Dhamodharan ..

Petitioner

Versus

1.The District Collector Sathuvachary, Vellore District.

2.The Assistant Director Panchayats, Sathuvachari, Vellore-9.

3.The Tahsildar Arakonam-1.

4.The Block Development Officer Kaveripakkam Union, Arakonam.

5.The President Minnal Village Panchayat, Arakonam Taluk, Vellore District 632 510.

..Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents from any way interfering with the possession and enjoyment of the land in survey number 55/10, 55/5-Patta No.847.

For Petitioner :

Mr.UM.Ravichandran For RR 1 to 3 :

Mr.S.Gunasekaran, GA For RR 4 & 5 : Mr.S.V.Duraisolaimalai

ORDER

Heard Mr.UM.Ravichandran, learned counsel for the petitioner and Mr.S.Gunaksekaran, learned Government Advocate appearing for the respondents 1 to 3 and Mr.S.V.Duraisolaimalai, learned counsel appearing for the respondents 4 and 5.

2.The petitioner seeks for issuance of a writ of mandamus to direct the the respondents not to interfere with the possession and enjoyment of the land in survey number 55/10, 55/5-Patta No.847.

3.The grievance of the petitioner is that he is the owner of the lands in question and there are private patta lands and there is an attempt by the revenue officials to put up road at the instigation of the President of the Village Panchayat.

4.The Tahsildar, Arakonam Taluk, Vellore District, by a written communication, addressed to the Government Pleader, High Court, in RC.No.B4/1809/2015 dated 07.02.2015 has stated as follows:- "With reference to the above writ petition, I, the third respondent of this Case given some details about the case.

[1]In the S.Nos.55/5 and 55/10 of Minnal village, Arakkonam Taluk, Vellore District are found in the Village Records as detailed below:- Joint Patta No.847 [1]Muruga Reddy, S/o.Mannappan [2]Selvam S/o.Subramani [3}AnandhanS/o.Subramani The Extent of the S.No.55/5 is 0.26.0 Hect and 55/10 is 0.55.0 Hect.

[2]The above said survey Nos are cultivable land till the date and there is no formation of Road by Panchayat or revenue Authorities.

In the petition the petitioner stated that in the above S.Nos. Government has to proposed to formate the road in the Prime Minister Road Scheme is false. Hence I request you to vacate the case in the Hon'ble High Court, Chennai. I herewith enclosing the village records for your kind perusal."

5.In the light of the above stand taken by the 3rd respondent, no further orders are required to be passed in this writ petition except to record the above communication.

6.Accordingly, the above communication dated 07.02.2015 is recorded and the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

AP To 1.The District Collector Sathuvachary, Vellore District.

2.The Assistant Director Panchayats, Sathuvachari, Vellore-9.

3.The Tahsildar Arakonam-1.

4.The Block Development Officer Kaveripakkam Union, Arakonam.

5.The President Minnal Village Panchayat, Arakonam Taluk, Vellore District 632 510.

+1cc to government pleader sr.6980 +1cc to v.m.ravichandran sr.7081 WP.No.2591/2015 skv co kv 21/02/2015