← Library
Madras High CourtWP/14236/2018dismissed

A.P. Venkatachalam v. The District Collector

2018-06-14Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14236 of 2018 A.P.Venkatachalam ..

Petitioner -vs1. The District Collector Salem District, Salem

2. The Revenue Divisional Officer Sankagiri Division Sankagiri, Salem District

3. The Tahsildar Edappadi Taluk Edappadi, Salem District

4. The Block Development Officer Edappadi Panchayat Union Salem District

5. The Village Administrative Officer Adiyur, Edappadi Taluk Edappadi, Salem District

6. The Firka Surveyor Edappadi Taluk Edappadi, Salem District

7. K.Kuppusamy

8. K.Tamilarasan

9. K.Bhoopathy ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, forbearing the respondents from utilizing the petitioner lands in Survey No.54/3A, 54/3B, 54/3C, 54/3E, 54/3L, 54/3D, 56/6, 56/3, 56/3, 56/5 a total extent of 2.26 Acres, Adiyur Village, Edappadi Taluk, Salem District for laying the road without any due process of law.

For Petitioner ::

Mr.A.Esakkiappan For Respondents ::

Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to 6

ORDER

This writ petition has been filed seeking a mandamus forbearing the respondents from utilizing the petitioner's land in Survey Nos.54/3A, 54/3B, 54/3C, 54/3E, 54/3L, 54/3D, 56/6, 56/3, 56/3, 56/5 having a total extent of 2.26 Acres, Adiyur Village, Edappadi Taluk, Salem District for laying the road without any due process of law.

2. Before dealing with the submissions made by the learned counsel for the petitioner, it is to be noted that the patta copy enclosed at page-42 of the typedset clearly shows that one Mr.Palanisamy, Son of Ardhanari is the owner of the land in respect of Survey Nos.54/3B, 54/3E, 54/3L & 58/1H, whereas the petitioner claims that he is the owner of the land even in respect of Survey Nos.54/3A, 54/3C, 54/3D, 56/6, 56/3, 56/3, 56/5 without any basis. Hence, this Court is not inclined to entertain the writ petition, since he has come to this Court with unclean hands.

Secondly, the representation dated 15.5.2018 said to have been submitted also wrongly mentions that the petitioner is the owner of the land covered from Survey Nos.53 to 58 without any proof whatsoever. Therefore, the writ petition is dismissed. Consequently, W.M.P.No.16809 of 2018 is also dismissed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ss To

1. The District Collector Salem District, Salem

2. The Revenue Divisional Officer Sankagiri Division Sankagiri, Salem District

3. The Tahsildar Edappadi Taluk Edappadi, Salem District

4. The Block Development Officer Edappadi Panchayat Union Salem District

5. The Village Administrative Officer Adiyur, Edappadi Taluk Edappadi, Salem District

6. The Firka Surveyor Edappadi Taluk Edappadi, Salem District +1cc to Mr.A.Esakkiappan, Advocate sr.no.37983 W.P.No.14236 of 2018 vd(co) nr 29/06/2018