Ponnammal v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.13254 of 2020 Ponnammal
...Petitioner
Vs.
1 The collector Office of the District Collector Namakkal District.
2 The Revenue Divisional Officer O/o. Revenue Divisional Officer Tiruchengode Namakkal District.
3 The Assistant Director (Panchayat) Office of the District Collector Namakkal District.
4 The Block Development Officer Ezhichipalayam, Namakkal District.
(Village name is modified as per the order of this Court dated 28.09.2020) 5 Thangarasu alais Vengatrajan Panchayat Head Koundampalayam Kumaramangalam Post Tiruchengode, Namakkal District.
6 Sakthivel Union Councillor 67 Kottangadu Rayarpalayam Post Tiruchengode, Namakkal District.
...Respondents
This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the representation dated 02.09.2020 and consequently forbear the respondents 5 and 6 from entering and measuring patta land in survey number. 310/6 in Koundampalayam Village and Survey Number. 152/2 in Kilapalayam Village for the purpose of forming the new road
without any prior notice.
For Petitioner :
Mr.K.Pragadeesh Kumar For Respondents:
Mr.E.Balamurugan Special Government Pleader
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 02.09.2020, wherein the petitioner has sought for forbearing the respondents 5 and 6 from entering into the subject property.
2.
The case of the petitioner is that she is the absolute owner of the subject property and the patta also stands in the name of the owner of the property, whereas respondents 5 and 6 are taking hasty steps to lay a road in the property. 3.
Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of the respondents 1 to 4 submitted that he has received written instructions from the respondents 2 and 4. The written instructions were also circulated through e-mail to this Court.
4.
Learned counsel submitted that the earlier proposal has been abandoned and an alternative site has also been chosen for the purpose of laying the road. Learned counsel submitted that the written instructions can be taken note of and appropriate orders can be passed in this case.
5.
Taking into consideration the facts and circumstances of the case and also the subsequent development that has been taken in this case, the submission of the learned Special Government Pleader is hereby recorded and the written instructions received from the second and fourth respondents are also taken on file. It is made clear that the property belonging to the petitioner will not be used for the purpose of laying the road.
6.
With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
mra To 1 The collector Office of the District Collector Namakkal District.
2 The Revenue Divisional Officer O/o. Revenue Divisional Officer Tiruchengode, Namakkal District.
3 The Assistant Director (Panchayat) Office of the District Collector Namakkal District.
4 The Block Development Officer Ezhichipalayam, Namakkal District.
W.P.No.13254 of 2020 AJS(CO) RMP(24/11/2020)