Madras High CourtWP/34580/2019disposed of

S.Aruchamy v. The District Collector,

2024-08-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 22.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Aruchamy .. Petitioner Vs 1.The District Collector, Coimbatore District.

2.The Assistant Director, Town Panchayats, Coimbatore.

3.The Tahsildar, Perur Taluk, Coimbatore District.

4.The Executive Officer, Pooluvapatti Town Panchayat, Pooluvapatti Post, Coimbatore District - 641 101.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the respondents to lay the public road only in actual "Nilaviyal Padhai" and "Vandi Padhai" (Cart Track) lands in Survey Nos.291/2A and 285/1A, 1/4

285/2A, 285/3A, 285/3B, 286/1A, 286/2A, 276/2A and 275/1 of Pooluvapatti Village, Perur Taluk, Coimbatore District, and consequently forbearing the respondents, their men, servants and subordinates from in any way obstructing or interfering the possession and enjoyment of the petitioner of his private agricultural lands in Survey Nos.291/2B & 292/3A of Pooluvapatti Village, Perur Taluk, Coimbatore District. For Petitioner : Mr.K.Myilsamy For Respondents : Mr.V.Manoharan, AGP

ORDER

The writ petition has been filed for a direction to the respondents to lay public road only in actual "Nilaviyal Padhai" and "Vandi Padhai" (Cart Track) comprised in Survey Nos.291/2A and 285/1A, 285/2A, 285/3A, 285/3B, 286/1A, 286/2A, 276/2A and 275/1 of Pooluvapatti Village, Perur Taluk, Coimbatore District.

Even according to the petitioner, the above said Nilaviyal Padhai (pathway) and Vandi Padhai (Cart Track) are situated adjacent to his patta land. Therefore, the respondents are directed to lay public road only in Nilaviyal Padhai (pathway) and Vandi Padhai (Cart Track) 2/4

without encroaching any of the patta lands owned by the petitioner. With this direction, the writ petition is disposed of. No Costs. W.M.P.No.35306 of 2019 is closed.

22.08.2024 rkm To 1.The District Collector, Coimbatore District.

2.The Assistant Director, Town Panchayats, Coimbatore.

3.The Tahsildar, Perur Taluk, Coimbatore District.

4.The Executive Officer, Pooluvapatti Town Panchayat, Pooluvapatti Post, Coimbatore District - 641 101.

3/4

G.K.ILANTHIRAIYAN, J.

rkm 22.08.2024 4/4