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Madras High CourtWP/35798/2019closed

K.N.Palanisamy 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 K.N.Palanisamy .. Petitioner Vs 1.The District Collector, Coimbatore District.

2.Director of Town Panchayats, Kuralagam, Chennai - 108.

3.Assistant Director, Coimbatore Town Panchayat, Periyanaickenpalayam, Coimbatore - 641 020.

4.The Executive Officer, Kannampalayam Town Panchayat, Kannampalayam, Covai - 641 402.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus forbearing the respondents and their men and servants from in any way interfering with 1/4

the peaceful possession and enjoyment of the petitioner's land measuring 4.38 hectares of land in No.184, Kannampalayam Village Palladam Taluk, Coimbatore District, without following due process of law and consequently direct the fourth respondent to restore the boundary stones of the petitioner's property to its original place. For Petitioner : Mr.V.P.K.Gowtham For Respondents : Mr.S.Arumugam, GA

ORDER

The writ petition has been filed seeking to forebear the respondents from in any way interfering with the petitioner's peaceful possession and enjoyment of the property measuring an extent of 4.38 hectares in No.184, Kannampalayam Village, Palladam Taluk, Coimbatore District, without following due process of law.

2. It is the case of the petitioner that he purchased the above said land from one S.R.Subrayan by way of a registered sale deed dated 01.03.1979 and thereafter, he fenced the entire property with stones in all four corners. While being so, without issuing any notice to the petitioner, the fourth respondent has been trying to lay road in his land. 2/4

3. When the matter is taken up, learned Government Advocate appearing for the respondents, would submit that road has already been laid without encroaching the land owned by the petitioner. The said submission of the learned Government Advocate is recorded.

4. In view of the above, nothing survives for further adjudication in this writ petition and accordingly, the writ petition is closed. No Costs. W.M.P.No.36688 of 2019 is closed.

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

2.Director of Town Panchayats, Kuralagam, Chennai - 108.

3.Assistant Director, Coimbatore Town Panchayat, Periyanaickenpalayam, Coimbatore - 641 020.

4.The Executive Officer, Kannampalayam Town Panchayat, Kannampalayam, Covai - 641 402.

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G.K.ILANTHIRAIYAN, J.

rkm 22.08.2024 4/4