N.Jagadeesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Jagadeesan ... Petitioner -Vs1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Assistant Director of Town Panchayats, Thiruvallur District, Collectorate, Thiruvallur.

3. The Tahsildar, Thiruvallur.

4. The Block Development Officer, Ellapuram, Thiruvallur District.

5. The President, Aayilcheri Village Panchayath, Aayilcheri Village, Thiruvallur-600 052.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 2, 4 and 5 to measure and then pave the road with help of third respondent in survey No.175/25, Aayilcheri Village, Thiruvallur Taluk and District, within a time frame as may be fixed by this Honourable Court.

For Petitioner : Mr.P.Raja For R1 to R3 : Mr.S.Jayachandran Government Advocate For R4 and R5 : Mr.T.Chezhiyan Additional Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents 2, 4 and 5 to measure and then pave the road with help of the third respondent in Survey No.175/25, Aayilcheri Village, Thiruvallur Taluk and District.

2. Heard both sides and perused the materials available on record.

3. The petitioner owned property comprised in S.No.129/1 part admeasuring 1280 sq.ft situated at Aayilcheri Village, Thiruvallur. Now, it has been encroached and the remaining land is available only to an extent of 925.6 sq.ft. While being so, the fourth and fifth respondents are laying road in S.No.175/25, which is located adjacent to the petitioner's property. The petitioner has no objection to lay road and the only request of the petitioner is to measure the property. The petitioner also submitted an application before the third respondent to survey the property.

4. On written instructions, the learned Additional Government Pleader

appearing for the fourth and fifth respondents submitted that on the request made by the petitioner, the Revenue officials measured the property on 21.08.2024 in the presence of the petitioner and other public. Accordingly, the fourth and fifth respondents are under progress to lay the road.

5. In view of the above, it does not require to survey the property further and the direction sought for in this writ petition cannot be considered and the writ petition is devoid of merits and is liable to be dismissed.

6. Accordingly, this writ petition stands dismissed. No costs. 03.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Assistant Director of Town Panchayats, Thiruvallur District, Collectorate, Thiruvallur.

3. The Tahsildar, Thiruvallur.

4. The Block Development Officer, Ellapuram, Thiruvallur District.

5. The President, Aayilcheri Village Panchayath, Aayilcheri Village, Thiruvallur-600 052.

03.09.2024