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Madras High CourtWP/26864/2017disposed of

Mrs.K.Saroja, v. The District Collector,

2017-10-24Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.26864 of 2017 and W.M.P.No.28607 of 2017 Mrs.K.Saroja .. Petitioner Vs.

1. The District Collector, Namakkal District.

2. The Block Development Officer, The Block Development Office, Pallipalayam Union Panchayat, Namakkal District.

3. The Thasildhar, The Taluk Office, Thiruchengode, Namakkal District.

4. The Village Administrative Officer, The Village Administrative Office, Pallipalayam Agraharam Village, Pallipalayam, Namakkal District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents 2 to 4 not to lay any road in the petitioner's patta land in Survey No.92/1 and Survey No.93/7 situated at Pallipalayam Agraharam Village, Pallipalayam, Namakkal District and consequently without following due process. For Petitioner : Mr.T.Balaji For Respondents : Mr.S.Diwakar, Spl.G.P. for RR-1, 3 and 4 Mr.O.Selvam, Govt. Advocate for R-2

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents 2 to 4 from laying any road in the petitioner's patta land in Survey https://hcservices.ecourts.gov.in/hcservices/

No.92/1 and Survey No.93/7 situated at Pallipalayam Agraharam Village, Pallipalayam, Namakkal District and consequently to follow due process. When the Writ Petition is taken up for hearing, learned Special Government Pleader appearing for the respondents 1, 3 and 4 and the learned Government Advocate appearing for the second respondent stated that for the purpose of laying road, the land(s) of the petitioner was measured so that there could be no encroachment. Admittedly, no road has been laid in the land(s) of the petitioner and the road is only laid on the poramboke land(s). Both the said counsels further submitted that if any difficulty is pointed out by the petitioner, the respondents are willing to rectify the same. With these observations, the Writ Petition is disposed of. No costs. W.M.P. is closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar cs To

1. The District Collector, Namakkal District.

2. The Block Development Officer, The Block Development Office, Pallipalayam Union Panchayat, Namakkal District.

3. The Thasildhar, The Taluk Office, Thiruchengode, Namakkal District.

4. The Village Administrative Officer, The Village Administrative Office, Pallipalayam Agraharam Village, Pallipalayam, Namakkal District.

+2 Ccs to Ms.O. Selvam, Advocate sr 75391.

+1 CC to Ms.T. Balaji, Advocate sr 74997.

W.P.No.26864 of 2017 SP(30/10/2017) https://hcservices.ecourts.gov.in/hcservices/