K.A. Late Annamalai Maniagar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.29123 of 2017 K.A.Sankaran ....

Petitioner Vs 1.The District Collector, Krishnagiri District, 2.The Tahsildar, Krishnagiri Taluk, 3.The Block Development Officer, Kaveripattinam Block, Dhimmapuram Post, Kaveripattinam, Krishnagiri Taluk.

4.The Executive Engineer, Kaveripattinam Town Panchayat, Kaveripattinam, Krishnagiri Taluk.

....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents from laying any road by encroaching upon the petitioner's patta land measuring 6 cents comprised in Survey No.53/1 in Kaveripattinam-1 Village and

measuring 32 cents comprised in Survey No.477 in Kundalapatti -1 Village, both within Krishnagiri Taluk and District, based on his representation dated 27.09.2017.

For Petitioner : Mr.A.E.Ravichandran For R1 & R2 : Mr.C.Kathiravan Special Government Pleader For R3 : Mr.D.Suryanarayanan For R4 : Mr.M.Perumal

ORDER

This Writ Petition has been filed forbearing the respondents from laying any road by encroaching upon the petitioner's land comprised in Survey No.53/1 admeasuring 6 cents situated at Kaveripattinam-1 Village, Krishnagiri District and the land admeasuring 32 cents comprised in Survey No.477 situated at Kundalapatti -1 Village, Krishnagiri District.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. A perusal of the counter filed by the second respondent reveals that the respondents have not laid any road in the patta land and

there is absolutely no proposal to lay the road in the petitioner's patta land. It seems that there are encroachments by the private persons.

4. In view of the above, the respondents are directed not to lay any road in the patta land owned by the petitioner without due process of law.

5. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

26.09.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order Lpp To 1.The District Collector, Krishnagiri District, G.K.ILANTHIRAIYAN, J.

Lpp 2.The Tahsildar,

Krishnagiri Taluk, 3.The Block Development Officer, Kaveripattinam Block, Dhimmapuram Post, Kaveripattinam, Krishnagiri Taluk.

4.The Executive Engineer, Kaveripattinam Town Panchayat, Kaveripattinam, Krishnagiri Taluk.

26.09.2024