M.Narayanasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.39286 of 2016 and WMP.No.33632 of 2016
1. M.Narayanasamy
2. M.Marimuthu
3. M.Arumugam
4. M.Ettiyappan
...Petitioners
Vs.
1.The District Collector Madurathathgam Taluk, Kancheepuram District.
2.The Block Development Officer Madurathathgam Panchayat, Madurathathgam Taluk, Kancheepuram District.
3.The Head Survey Officer Madurathathgam Taluk, Kancheepuram District.
4.The Panchayat President Madurathathgam Panchayat, Madurathathgam Taluk, Kancheepuram District.
5.Previnkumar 6.Joeyalsundar 7.Gobi 8.Datnamoorthy 9.Charles 10.Balyam 11.Krishanan
...Respondents
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing 1st to 4th respondents from any manner initiating any steps of proceedings and laying road on petitioner's patta agricultural land situated at Keralvadi Village, Punjai Survey No.636/9 measuring 2.35 acres, No.640 Jamine Endathur groups, Puliyarangakottai limit, Madurathathgam Panchayat, Madurathathgam Taluk, Kancheepuram District.
For Petitioners : Mr.I. Arockia Selvaraj For R1 to R4 : Mr.N.Inbanathan Additional Government Pleader
ORDER
The petitioner has come forward with the present writ petition for issuance of writ of mandamus to forbear the respondents 1 to 4 from any manner initiating any steps of proceedings and laying road in petitioners' patta land in Survey No.636/9 of Keralvadi Village, measuring 2.35 acres, No.640 Jamine Endathur groups, Puliyarangakottai limit, Madurathathgam Taluk, Kancheepuram District.
2. According to the petitioners, they have purchased land measuring 2.35 acres in Keralvadi Village, Punjai Survey No.636/9, through registered sale deed 02.02.2010, registered as Document No.5060/2010 and since then, they have been in possession and enjoyment of the same and patta was also issued in the name of the petitioners. The petitioners would state that the 4th respondent at the instigation of the respondents 5 to 11 attempting to form a road in their land and hence they made a representation on 22.10.2016. Since no steps were taken, the present writ petition.
3. In the counter affidavit filed by the second respondent, it has been stated that neither the second respondent nor the revenue authorities/ respondents 1, 2 and 4 are initiating any steps to lay road in the said land and hence, prayed for dismissal of the writ petition.
4. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 4.
5. In the light of the counter affidavit filed by the 2nd respondent, this Court is of the opinion that no further adjudication is required in this writ petition and hence the writ petition is closed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-) //True Copy// Sub Assistant Registrar msrm
To 1.The District Collector Madurathathgam Taluk, Kancheepuram District.
2.The Block Development Officer Madurathathgam Panchayat, Madurathathgam Taluk, Kancheepuram District.
3.The Head Survey Officer Madurathathgam Taluk, Kancheepuram District.
4.The Panchayat President Madurathathgam Panchayat, Madurathathgam Taluk, Kancheepuram District.
+1cc to the Government Pleader, S.R.No. 11750 WP.No.39286 of 2016 SK(CO) TR(01/03/2018)