Saravanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.26658 of 2023 Saravanan ... Petitioner Vs.

1.The District Collector, Office of District Collector, Krishnagiri District- 635 001.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Krishnagiri District- 635 001.

3.The Tahsildar, Office of Tahsildar, Pochampalli, Krishnagiri District- 632 206.

4.The Block Development Officer, Office of Block Development, Kaveripattinam, Krishnagiri District- 635112.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, forbearing the respondents from laying road in the petitioner's land situated in S.F.No. 413/1B an 1/5

extent Punjai Hectare 0.70.0 or Acre of 1.73 cents Keelkuppam Village, Pochampalli Taluk, Krishnagiri District by considering the Petitioner representation dated 05.09.2023 without following the due process of law. For Petitioner : Mr.M.Vignesh For Respondents :

(for R1 to R3) : Mr.U.Baranidharan, Additional Government Pleader (for R.4) : Mrs.K.Vasantha Mala

O R D E R

The writ of mandamus has been filed to forbear the respondents from laying road in the petitioner's land situated in S.F.No. 413/1B an extent Punjai Hectare 0.70.0 or Acre of 1.73 cents Keelkuppam Village, Pochampalli Taluk, Krishnagiri District by considering the Petitioner representation dated 05.09.2023 without following the due process of law.

2. The counter affidavit filed by the Tahsildar, Pochampalli, states that the respondents have not initiated any action to lay the road. Paragraph No.9 of the counter affidavit reads as under: "9. As regards the averments made in paras 3 to 7 of the 2/5

affidavit, it is submitted that the petitioner has sent representations to the 3rd respondent with a request to survey and measure the subject matter land and the 3rd respondent had surveyed the said land and shown the boundaries of the land. The 3rd respondent never tried to lay road in the subject matter land."

3. Since the counter affidavit filed by the 3rd respondent Tahsildar of Pochampalli reveals that no action has been taken to lay road in the patta land, thus, no further adjudication is required.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (sha) 17.04.2024 Index : Yes Speaking Order 3/5

To 1.The District Collector, Office of District Collector, Krishnagiri District- 635 001.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Krishnagiri District- 635 001.

3.The Tahsildar, Office of Tahsildar, Pochampalli, Krishnagiri District- 632 206.

4.The Block Development Officer, Office of Block Development, Kaveripattinam, Krishnagiri District- 635112.

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S.M.SUBRAMANIAM . J., (sha) and W.M.P.No.26658 of 2023 17.04.2024 5/5