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Madras High CourtWP/36312/2024disposed of

L.Elangovan v. The District Collector

2025-01-21Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.36312 of 2024 and W.M.P.No.39193 of 2024 L.Elangovan .. Petitioner Vs.

1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of the Tahsildar, Salem South Taluk, Salem District.

3.The Head Surveyor, Land Survey Department, Office of the Tahsildar, Salem South Taluk, Salem District.

4.The Block Development Officer, Veerapandi, Salem District.

.. Respondents R4 cause title amended as per order dated 05.12.2024 in W.P.No.36312 / 2024.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent authorities not to conduct any survey for the purpose of laying any road in the petitioner's property in Survey Number : 22/1B2B Chinna Seeragapadi Village, Vembadithalam Kuruvattam, Salem South Taluk, Salem District without following due process of law by considering the petitioner's representation dated 22.11.2024.

For Petitioner .. Mr.A.Rajakumar For R1 to R3 .. Mr.V.Nanmaran, Addl. Govt. Pleader For R4 .. Mr.C.Jayaprakash, Govt. Advocate.

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a restraint against the respondents, particularly the 4th respondent, Block Development Officer, Veerapandi, Salem District, from conducting any survey on the land of the petitioner in S.No.22/1B2B, Chinna Seeragapadi Village, Vembadithalam Kuruvattam, Salem South Taluk, Salem District, for the purpose of laying the road.

2.Written instructions had been obtained from the 4th respondent, Block Development Officer, Veerapandi, Salem District, wherein it had

been very categorically stated that there is no intention to enter into the aforementioned land of the petitioner to conduct survey or to lay the road. 3.The said instructions are recorded. The 4th respondent cannot survey the land of the petitioner or lay the road on the land of the petitioner. If ever they want to do so, they may issue notice to the petitioner and take steps in manner known to law. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 21.01.2025 Index:Yes/No Internet:Yes/No smv

To 1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of the Tahsildar, Salem South Taluk, Salem District.

3.The Head Surveyor, Land Survey Department, Office of the Tahsildar, Salem South Taluk, Salem District.

4.The Block Development Officer, Veerapandi, Salem District.

C.V.KARTHIKEYAN,J.

smv W.P.No.36312 of 2024 21.01.2025