R.Tamilarasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 17912 OF 2020

1. R.Tamilarasan S/o. Rajendran, Ennamangalam Village, Anthiyur Tk, Erode District Petitioner(s) Vs

1. The District Collector Collectorate, Erode - 638001 2.The Tahsildar Taluk Office, Anthiyur Erode District - 638501 3.The Taluk Surveyor, Taluk Office, Anthiyur Taluk, Erode District - 638501 4.The Block Development Officer, Panchayat Union Office, Anthiyur Taluk And Erode 638501

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for issuance of writ of Mandamusforbearing the respondents No. 2 to 4 and particularly 3rd respondent from making survey and to form road in land in S.No. 450 / 2D spread 0.79.0 Hectares which is situated at Ennamanagalam Village, Anthiyur Taluk and Erode District For Petitioner(s):

P.Vijendran For Respondent(s):

Mr.A.Selvendran Special Government Pleader for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus forbearing the respondents 2 to 4 and particularly the 3 rd respondent from interfering with the patta land belonging to the petitioner and to form a road in the said land.

2.

When the writ petition came up for hearing on 19.02.2025, this Court passed the following order :- The learned Additional Government Pleader submitted that there was no intention to lay any road on the private patta land belonging to the petitioner. However, the petitioner had

encroached upon the Government poromboke land which has been classified as 'Vandi Pathai' and a road has already been laid in the 'Vandia Pathai' four years back. 2. In the light of the above stand taken by the learned Additional Government Pleader, there shall be a direction to the second respondent to conduct a survey and to properly demarcate and identify the patta lands belonging to the petitioner and the land where the road has now been laid and shall specifically state in the report as to whether the road also forms part of the patta land belonging to the petitioner or it has only been laid in the 'Vandi Pathai'. Based on the report submitted by the second respondent, final orders will be passed in this writ petition. 3. Post this writ petition for passing final orders on 10.03.2025.

3.

When the matter was taken up for hearing today, the learned Additional Government Pleader produced the written instructions received from the 2 nd respondent. The relevant portion is extracted hereunder :-

5. To comply with the orders of the Hon'ble Court, the land bearing R.S.No.450/2D classified as Ryot Punjai - 0.39.5 Hectares recorded in the name of Tamilarasan S/o. Rajendran vide Patta No.1404 was inspected and surveyed by the Taluk Deputy Surveyor, Anthiyur.The inspection and surveyed by the Taluk deputy Surveyor, Anthiyur. The inspection and the survey work

revealed that there is no road leads through the patta land as alleged by the writ petition and still the land remains as agricultural land in the name of the petitioner. Also the above land is not recorded / demarcated as road. Since there is no interference of the respondents as alleged by the writ petitioner into the above patta land No.450/2D, the prayer for the order for the forbearing the respondents No.2 to 4 is frivolous. I am sending herewith the copies of the relevant records for favour of kind perusal. 4.

It is quite clear from the written instructions given by the 2 nd respondent that the respondents are not intending to interfere with the patta land belonging to the petitioner in Survey No.450/2D and lay any road in the said land. This stand taken by the respondents sufficiently takes care of the grievance expressed by the petitioner.

5.

Recording the same, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 10-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Collectorate, Erode - 638001 2.The Tahsildar Taluk Office, Anthiyur Erode District - 638501 3.The Taluk Surveyor, Taluk Office, Anthiyur Taluk, Erode District - 638501 4.The Block Development Officer, Panchayat Union Office, Anthiyur Taluk And Erode 638501

N.ANAND VENKATESH J.

rka WMP NO. 17912 OF 10-03-2025