D.Sekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.05.2023 Coram THE HONOURABLE MR.JUSTICE B. PUGALENDHI W.P.No.16010 of 2023 and WMP No.15450 of 2023 D.Sekar ... Petitioner Vs.

1. The District Collector, Collector's Office, Kancheepuram District, Kancheepuram.

2. The Tahsilar, Kundrathur Taluk Office, 233X +5MF, Kundrathur Main Road, Subramaniyan Nagar, Thandalam, Tamilnadu 600 069, Kancheepuram District.

3. Revenue Divisional Officer, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.

4. The Taluk Surveyor, Kundrathur Taluk, Salamangalam Village, Padapai, Kancheepuram District.

5. The Village Administrative Officer, Salamangalam Village, Padapai, Kundrathur Taluk, Kancheepuram District.

6. Mrs. S.Loyala ... Respondents

Prayer:

This writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24.04.2023 and not to lay any road in the petitioner's property at Plot No.3, Salamangalam Village, in Old Survey Nos.110 and it has been sub divided in Survey Nos.110/7, 8, 9, 10 and 11 measuring about 3733 Sq.ft. of vacant land.

For Petitioner : Mr.A.D.Janarthanan For Respondents 1 to 5 : Mr.P.Balathandayutham Spl. Govt. Pleader

O R D E R

The writ petitioner has filed this writ petition seeking direction to the respondents to consider the petitioner's representation dated 24.04.2023 and not to lay any road in the petitioner's property at Plot No.3, Salamangalam Village, in Old Survey Nos.110 and it has been sub divided in Survey Nos.110/7, 8, 9, 10 and 11 measuring about 3733 Sq.ft. of vacant land.

2. The grievance of the petitioner is that the respondents are attempting to lay road in his patta land in old Survey No.110, subdivided in Survey Nos.110/7, 8, 9, 10 and 11, measuring about 3733 sq.ft. at Plot No.3, Salamangalam Village.

3. The learned Special Government Pleader appearing for the respondents 1 to 5, on instructions, submitted that the official respondents have not attempted to lay road in the land of the petitioner as alleged by him and also, they are not having any plan to do the same. He further submitted that the allegation is only against the sixth respondent, who is a private party and therefore, the official respondents have nothing to do with the relief sought for by the petitioner and he can worked his remedy only before the competent civil Court.

4. Inview of the submission made by the learned Special Government Pleader, this Court is of the view that there is no need to give any direction to the official respondents, as sought for by the writ petitioner. However, if the petitioner is having any further grievance, it is for him to work out his remedy before the competent Civil Court.

5. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.05.2023 Index : Yes/No Internet: Yes/No mst To

1. The District Collector, Collector's Office, Kancheepuram District, Kancheepuram.

2. The Tahsilar, Kundrathur Taluk Office, 233X +5MF, Kundrathur Main Road, Subramaniyan Nagar, Thandalam, Kancheepuram District, Tamilnadu 600 069.

3. Revenue Divisional Officer, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.

4. The Taluk Surveyor, Kundrathur Taluk, Salamangalam Village, Padapai, Kancheepuram District.

5. The Village Administrative Officer, Salamangalam Village, Padapai, Kundrathur Taluk, Kancheepuram District.

B. PUGALENDHI, J.

mst W.P.No.16010 of 2023 and WMP No.15450 of 2023 24.05.2023