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Madras High CourtWP/20995/2024disposed of

Kaliyullah v. The Secretary To Government

2024-07-25Honourable Dr Justice Anita Sumanth6 pages

2024:MHC:2829

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.07.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and W.M.P.No.22950 of 2024 Kaliyullah .... Petitioner Vs 1.The Secretary to Goernment, Secretariat, Chennai-600 009.

2.The District Collector, 3.The Principal Director, Sartharpatal Road, Guindy, Chennai.

4.The Divisional Engineer, Sankarapuram.

5.The Assistant Divisional Engineer, Sankarapuram.

6.The Zonal Engineer, Kallakurichi.

Pg.No.1/6

7.The Block Development Officer, Tirukoilur Town and Taluk, .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from interfering the petitioner's peaceful possession and enjoyment of property measuring an extent of 2.43 (Two Acre forty three cents) situated in Survey No.2/1A, 3/3, 3/4 (Patta No.463) at Ja.Sithamur Village, Tirukoilur Taluk, For Petitioner : Mr.K.Sudhakar For Respondents : Mr.Vadivelu Deenadayalan (for R1 to R6) Additional Government Pleader Mr.S.Ravichandran (for R7) Additional Government Pleader

O R D E R

Mr.Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice for R1 to R6 and Mr.S.Ravichandran, learned Additional Government Pleader accepts notice for R7. Both are armed with necessary instructions to enable a final disposal of this Writ Petition, even at the stage of admission.

2. The petitioner claims ownership of the property in S.Nos.2/1A, 3/3 and 3/4 at Sithamur Village, Tirukoilur Taluk, Kallakurichi District Pg.No.2/6

('property'/'property in question') along with other legal heirs of his mother Ayesha bee. According to him, the property is adjacent to a road running between Sithamuthur Village and Thiruvarankam Road.

3. There is a proposal for widenining of that road in pursuance of which the respondents are encroaching upon their property. Despite a representation made by him to forbear and restrain them from encroaching upon the property, there is no response from the respondents. Hence, this Writ Petition seeking a mandamus forbearing the respondents from interfering with the petitioner's possession and enjoyment of the property in question.

4. Mr.Vadivelu Deenadayalan, has written instructions dated 24.07.2024 from the Divisional Engineer (H), C&M, Kallakurichi, a copy of which has been supplied to the learned counsel for the petitioner, to state that the work of the road widening has, indeed, been taken up and has been entrusted to a private contractor. The representation of the petitioner dated 09.07.2024 has been received by R4 and based on the same, R4 has addressed a letter to the Tahsildar, Thirukovilur on 12.07.2024 to mark the boundaries, particularly in the location where the property in question is situated.

5. In the said written instructions, R4 assures all concerned that no widening work would be carried out till such time proper measuring and marking of the boundary is made, particularly to ascertain whether there is any Pg.No.3/6

encroachment on private property. This is recorded. To add to this, the Court would require that such measures for measuring and marking of the boundary of the property in question be made in the presence of the petitioner.

6. Hence, let notice be issued to the petitioner prior to carrying out the activity of measuring and marking of the boundary of the property in question, such that there is transparency in the matter as well.

7. With this and as the grievance of the petitioner will be allayed by virtue of the above discussion and directions, this Writ Petition stands disposed. No costs. Connected Miscellaneous Petition is closed. 25.07.2024 Index : Yes / No Speaking order sl To 1.The Secretary to Goernment, Secretariat, Chennai-600 009.

2.The District Collector, 3.The Principal Director, Sartharpatal Road, Guindy, Chennai.

Pg.No.4/6

4.The Divisional Engineer, Sankarapuram.

5.The Assistant Divisional Engineer, Sankarapuram.

6.The Zonal Engineer, Kallakurichi.

7.The Block Development Officer, Tirukoilur Town and Taluk, Pg.No.5/6

Dr.ANITA SUMANTH,J.

sl and W.M.P.No.22950 of 2024 25.07.2024 Pg.No.6/6