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Madras High CourtWP/17103/2020allowed

L.Sathiyavani v. The District Collector

2024-09-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 12.09.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN L.Sathiyavani .. Petitioner Vs 1.The District Collector, Salem District.

2.The Tahsildar, Attur Taluk, Salem District.

3.The Block Development Officer, Thalaivasal Union, Salem District.

4.The Inspector of Police, Veeraganur Police Station, Salem District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to forbear the respondents from forming any road in the petitioner's property which is situated in Survey Nos.344/1A, 344/1B, 344/2A, totally admeasuring 2.5 acres of agricultural land which is situated in Navalur Village, Attur Taluk, Salem District, without due process of law. 1/4

For Petitioner : Mr.A.Rajakumar For R1, R2&R4 : Mr.S.Jayachandran, GA

ORDER

The petitioner has filed this writ petition seeking to forbear the respondents from forming any road in here property situated in Survey Nos.344/1A, 344/1B, 344/2A, totally admeasuring 2.5 acres of agricultural land, Navalur Village, Attur Taluk, Salem District, without due process of law.

2. Admittedly, the petitioner is the owner of the above said land, in which, the respondents proposed to lay a road.

3. On instructions, Mr.S.Jayachandran, learned Government Advocate appearing for the respondents 1, 2 and 4, submits that in the existing pathway being used by the general public, only tar-topping was done. He further submits that as per the revenue records, there is no pathway in the petitioner's land and therefore, without due process of law, the respondents cannot lay a road in the patta land owned by the 2/4

petitioner.

4. In view of the above, the respondents are restrained from forming any road in the subject land owned by the petitioner without due process of law. With this direction, the writ petition stands disposed of. No Costs. W.M.P.No.21168 of 2020 is closed.

12.09.2024 rkm To 1.The District Collector, Salem District.

2.The Tahsildar, Attur Taluk, Salem District.

3.The Block Development Officer, Thalaivasal Union, Salem District.

4.The Inspector of Police, Veeraganur Police Station, Salem District.

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G.K.ILANTHIRAIYAN, J.

rkm 12.09.2024 4/4