Periyasamy v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2024

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN and W.M.P.No.29289 of 2024 Periyasamy ... Petitioner Vs.

1. The Block Development Officer, Thiyagadurgam Block / Panchayat Union, Thiyagadurgam, Kallakurichi Taluk and District.

2. The Village Panchayat President, Porasakurichi Village Panchayat, Porasakurichi Village and Post, Kallakurichi Taluk and District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents their men, subordinate or any other person claiming through them in any way putting up the pillars / column in the petitioner's property comprised in Old S.No.169/1E, New S.No.169/4, for an extent of 46 cents, situated at Porasakurichi Village and Post, Kallakurichi Taluk and District, enabling 1/4

the petitioner to egress and ingress to his property. For Petitioner :

Mr. Pachaiyappan for Mr.A. Ramalingam For Respondents :

Mr. M. Shajahan Special Government Pleader for R1 and R2

ORDER

This writ petition has been filed for a direction, forbearing the respondents from putting up any pillars / columns in the petitioner's property comprised in Old S.No.169/1E, New S.No.169/4, for an extent of 46 cents, situated at Porasakurichi Village and Post, Kallakurichi Taluk and District, enabling the petitioner to egress and ingress to his property.

2. On the admission of this Writ Petition, this Court granted interim injunction restraining the respondents from putting up any construction in respect of the overhead water tank and also directed the respondents to survey the petitioner's patta land as well as the Government land in which the overhead water tank is under construction. On survey, two columns of the overhead water tank have been put up in the petitioner's land. As per the 2/4

survey report, the respondents now removed the entire construction which were put up in the petitioner's Patta land.

3. Recording the said submission, this Writ Petition is closed. No Costs. Consequently, the connected writ miscellaneous petition is closed. 04.10.2024 Index : Yes/No Speaking Order : Yes / No ab To

1. The Block Development Officer, Thiyagadurgam Block / Panchayat Union, Thiyagadurgam, Kallakurichi Taluk and District.

2. The Village Panchayat President, Porasakurichi Village Panchayat, Porasakurichi Village and Post, Kallakurichi Taluk and District.

3/4

G.K. ILANTHIRAIYAN. J., ab 04.10.2024 4/4