Madras High CourtWP/15679/2024disposed of

K.Selvaraj, v. The Secretary To Government,

2024-08-29Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.17081 of 2024

1. K.Selvaraj

2. S.Sadasivam

3. S.Mahesh

4. V.S.Raja ... Petitioners Vs

1. The Secretary To Government, Rural Development Department, Fort St. George, Chennai -600 009.

2. The District Collector, Namakkal District.

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

4. The Block Development Officer(Village Panchayat), Elachipalayam Panchayat Union, Thiruchengode, Namakkal District.

5. The Village Panchayat President, Musiri Village Panchayat, Thiruchengode, Namakkal District.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to lay thar road or cement road at Survey No.255, 256, 257 starting from Palpidingi Palayam Mariamman Koil to Eramainaiyakanur at Musiri Village, Thiruchengode Division, Namakkal District.

For Petitioners : Mr.R.Ravichandran For R1 to R3 : Mr.C.Kathiravan Special Government Pleader For R4 and R5 : Mrs.C.Meera Arumugam

ORDER

This writ petition has been filed for direction directing the respondents to lay thar road or cement road at Survey Nos.255, 256, 257 starting from Palpidingi Palayam Mariamman Koil to Eramainaiyakanur at Musiri Village, Thiruchengode Division, Namakkal District.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioners are residents of Musiri Village Panchayat. They owned land comprised in S.Nos.255/13, 259/3, 256/3, 257/1, 2, 3, 4, 257/2, 256/3, 257/1, 2, 3, 4 and 256/3. There is some mud road situated in S.Nos.255, 256,

257. In order for easy use, the petitioner submitted a representation to make it as thar or cement road.

4. Already, the representation was considered and replied that whenever the fund is allotted, thar/cement road will be laid in S.Nos.255, 256, 257 starting from Palpidingi Palayam Mariamman Koil to Eramainaiyakanur at Musiri Village, Thiruchengode Division, Namakkal District.

5. The learned counsel for the respondents 4 and 5 submitted that in between the said survey numbers there are patta lands and as such, the pucca thar road or cement road cannot be laid in the said survey numbers.

6. The learned counsel for the petitioners would submit that the borrowers are willing to provide their lands to lay thar or cement road.

7. If the borrowers have no objections, the respondents are directed to consider the request made by the petitioners to lay thar or cement road at Survey Nos.255, 256, 257 starting from Palpidingi Palayam Mariamman Koil to Eramainaiyakanur at Musiri Village, Thiruchengode Division, Namakkal District, as expeditiously as possible.

8. With the above directions, this writ petition is disposed of.

Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

29.08.2024 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn