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Madras High CourtWP/33968/2024disposed of

K.Krshnamurthy v. The District Collector

2024-12-13Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.36784 of 2024 K.Krshnamurthy ... Petitioner Vs.

1.The District Collector Collectorate Office Erode District 2.The Tahsildar Tahsildar Office Nambiyur Taluk Erode District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the respondents to make alternate arrangement in laying road by closing the canal, trees that are safe for agricultural land A wooden fence surrounds the agricultural land and removing the trees in the petitioners land and not to do any such activities in property situated at Sundakkampalayam Village, Nambiuur Taluk, Comprised in New Survey No. 70/1, Patta No. 1133, measuring an 1/5

extent of Punja land 0.02 1/3 cents and New Survey No 70/3, Patta No 1132, measuring an extent of Punja land 0.80.00 cents in all totalling to an extent of 0.82.33 cents on the basis of the representation of the petitioner dated 27.08.2024.

For Petitioner : M/s.M.Saravanakumar For Respondents : M/s.A Selvendran, Spl.G.P.

for R.1 & R2.

O R D E R

The above writ petition is filed for the following reliefs:- "Directing the respondents to make alternate arrangement in laying road by closing the canal, trees that are safe for agricultural land A wooden fence surrounds the agricultural land and removing the trees in the petitioners land and not to do any such activities in property situated at Sundakkampalayam Village, Nambiuur Taluk, Comprised in New Survey No. 70/1, Patta No. 1133, measuring an extent of Punja land 0.02 1/3 cents and New Survey No 70/3, Patta No 1132, measuring an extent of Punja land 0.80.00 cents in all totalling to an extent of 0.82.33 cents on the basis of the representation of the petitioner dated 27.08.2024." 2/5

2. It is informed today that instructions have been received by the learned Special Government Pleader from the Tahsildar, Nambiyur, Erode District wherein the following statement has been made:- "In this connection I am to inform that the lands in dispute bearing R.S. No.70/10.02.00 hectares recorded in the names of Kaliyanna Gounder and 14 others including the name of the writ petitioner vide patta no.1133. The land bearing R.S. No.70/3 0.98.50 hectares recorded in the names of Kaliyanna Gounder and 13 others including the name of the writ petitioner vide patta no.1132. Adjacent to the above lands 70/1,3, the land bearing R.S. No.62 - 0.60.00 hectares is classified as Government Poramboke Vaari. On the border of the Vaari' Poramboke there are 20 coconut trees. The writ petitioner has alleged that the road is being formed on the Vaari and the trees would be removed. But, now, there is no plan or scheme to form the road on the Vaari and no plan to remove the trees. Hence, the writ petition filed by the writ petitioner is untenable."

3. Recording the same, the Writ Petition is disposed of. No costs. 3/5

Consequently, the connected Miscellaneous Petition is closed. 13.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector Collectorate Office Erode District 2.The Tahsildar Tahsildar Office Nambiyur Taluk Erode District P.T. ASHA . J., 4/5

(shr) and W.M.P.No.36784 of 2024 13.12.2024 5/5