Poovayi Ammal, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.2 of 2012 1.Poovayi Ammal 2.Shakthivel 3.Chellamuthu ... Petitioners Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchatram Taluk, 3.The Assistant Engineer, Rural Development, Panchayat Union, Oddanchatram Taluk, 4.The Block Development Officer/ Commissioner, Panchayat Union Office, Oddanchatram Taluk, 1/5

5.The Panchayat President, Puliyamarathukottai Panchayat, Oddanchatram Union, 6.M.Palanichamy ... Respondents 7.P.Shankar ... Proposed Respondent (R7 is impleaded vide Court order, dated 31.08.2017 in M.P(MD)No.1 of 2013) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 3 to 6 in anyway laying road in the properties in Survey Nos. 194/1D and 194/1E measuring an extent of 0.18.50 hectare and 2.71.50 hectare respectively at Puliyamarathukottai Village, Oddanchatram Taluk, Dindigul District.

For Petitioner : Mr.M.P.Senthil For R1 - R3 : Mr.P.Thambi Durai Government Advocate For R4 - R6 : No Appearance For R7 : Mr.S.R.Suresh Kumar

ORDER

The present writ petition has been filed seeking a writ of Mandamus forbearing the respondents from laying a road in Survey Nos. 194/1D and 194/1E.

2. The fourth respondent, namely, the Block Development Officer has filed a counter stating that after verification, the Government came to 2/5

know that these two survey numbers are the private properties of the writ petitioner and they have also changed the scheme and laid the road in a different survey number. The said fact has been averred in paragraph no. 5 and 6 of the counter affidavit filed by the fourth respondent. The said fact is recorded. Since the official respondents have laid the road in a different survey number, the apprehension of the writ petitioner does not require to be adjudicated by this Court and this said Writ Petition is disposed of after recording the said statement.

3. According to the learned counsel for the seventh respondent herein, these two survey numbers do not belong to the writ petitioner, but they are Government properties. If such is the case, he is at liberty to approach the appropriate forum to decide the said issue.

4. This Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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Index :

Yes / No Internet :

Yes / No To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchatram Taluk, 3.The Assistant Engineer, Rural Development, Panchayat Union, Oddanchatram Taluk, 4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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