M.R.Krishnamoorthi Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.19073 of 2020 & 887 of 2021 M.R.Krishnamoorthi Reddy ....
Petitioner Vs 1.The District Collector, Krishnagiri District, Krishnagiri - 635 115.
2.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.
3.The Block Development Officer, Hosur - 635 109.
4.The President, Nalloor Panchayat, Hosur Taluk, Krishnagiri District.
....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents herein, their men, agent or contractors from laying the road in S.F.No.15/1 situated at Nallur Village, Hosur Taluk, Krishnagiri District, belonging to the petitioner except under due process of law.
For Petitioner : Mr.K.Govi Ganesan For R1 to R3 : Mr.V.Manoharan Additional Government Pleader
ORDER
This Writ Petition has been filed forbearing the respondents from laying any road in S.F.No.15/1 situated at Nallur Village.
2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.
3. Pending writ petition, the proposed 5th respondent filed a petition to implead himself as a party and stated that the Government authorities had started laying new roads by replacing the old roads. He is also one of the joint owner of the patta land comprised in S.No.15/1. The specific case of the petitioner is that the proposed 5th respondent is not a joint owner of the patta land comprised in S.No.15/1. He owned property only in S.No.15/3 to an extent of 0.32 acres by way of a partition deed dated 18.10.1995 registered vide Document No.1397 of
1996. Therefore, there is no dispute between the petitioner and the proposed 5th respondent in respect of the subject property. That apart, already the road has been laid in the existing road. Therefore, the prayer sought for in this writ petition cannot be considered. Thus, the writ petition lacks merits and it is liable to be dismissed.
4. Accordingly, this Writ Petition stands dismissed. If there is any dispute over the land between the petitioner and the proposed 5th respondent, the petitioner is at liberty to approach the Civil Court for appropriate relief. Consequently, connected miscellaneous petitions are closed. No costs.
19.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The District Collector, Krishnagiri District, Krishnagiri - 635 115.
2.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.
G.K.ILANTHIRAIYAN. J, Lpp 3.The Block Development Officer, Hosur - 635 109.
4.The President, Nalloor Panchayat, Hosur Taluk, Krishnagiri District.
19.09.2024