P.G.Sakthivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN and W.M.P.No.16205 of 2021 P.G. Sakthivel ... Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri - 636 705.

2. The Tahsildar, Palacode Taluk,

3. The Block Development Officer, Palacode Panchayat Union,

4. The President, Pevuhalli Panchayat, Seerihanahalli Village and Post Palacode Taluk, Dharmapuri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 2 to 4 their officials, subordinates, staff, etc., from in any way interfering with the possession and enjoyment of the petitioner's patta lands in Errakuttahalli 1/4

Village, Palacode Taluk, comprised in S.No.155/2 measuring 1.73 Hectares (Patta No.96) and in Bevuhalli Village, Palacode Taluk, comprised in S.No.307/1E measuring 0.30 ares (Patta No.262) both agricultural lands, without following the statutory mandatory procedures contemplated for acquiring the same.

For Petitioner :

Mr. R. Selvakumar For Respondents :

Mr. S. Arumugam Government Advocate for R1 and R2 Mr.K. Tippu Sulthan for R3 and R4

ORDER

This Writ Petition has been filed for a direction, forbearing the respondent Nos.2 to 4 from in any way interfering with the peaceful possession and enjoyment of the petitioner's patta lands in Errakuttahalli Village, Palacode Taluk, comprised in S.No.155/2 measuring 1.73 Hectares (Patta No.96) and in Bevuhalli Village, Palacode Taluk, comprised in S.No.307/1E measuring 0.30 ares (Patta No.262), both agricultural lands, by laying road.

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2. The learned counsel for the petitioner submits that no road has been laid in the patta land owned by the petitioner.

3. The learned counsel for the respondents also on written instructions submitted that no road has been laid in the petitioner's patta land and there is no encroachment. The respondents had already laid road in the Government property.

4. Recording the submissions made on either side, this writ petition is closed. No Costs. Consequently, the connected miscellaneous petition is closed.

14.10.2024 Index : Yes/No Speaking Order : Yes / No ab To

1. The District Collector, Dharmapuri District, Dharmapuri - 636 705.

2. The Tahsildar, Palacode Taluk, 3/4

G.K. ILANTHIRAIYAN. J., ab

3. The Block Development Officer, Palacode Panchayat Union,

4. The President, Pevuhalli Panchayat, Seerihanahalli Village and Post Palacode Taluk, Dharmapuri District.

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