Chandrasekaran.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.704 of 2023 K.Chandrasekaran ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Dindigul District.

3.The Block Development Officer, Vedasandur Panchayat Union, Vedasandur, Dindigul District.

4.The Taluk Surveyor, Vedasandur Taluk, Dindigul District.

5.The President, Malvarpatti Village, Vedasandur Taluk, Dindigul District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to lay cart track on the existing pathway running through Survey Nos.511/1B1 situated at Malvarpatti Village, Vedasandur Taluk, Dindigul District after conducting necessary Survey by considering the petitioner's Representation dated 25.11.2022. For Petitioner : Mr.J.Lawrance For Respondents : Mr.M.Sidharthan, Addl. Govt. Pleader for R1, R2, R4 & R5.

Mr.R.Ragavendran, Government Advocate for R3.

ORDER

Heard both sides.

2.The petitioner is owning lands in Malvarpatti Village, Vedasandur Taluk. It appears that through his lands "Nilaviyal Paathai" is running. The authorities are proposing to lay road.

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3.The grievance of the petitioner is two fold. (a) Proper survey must be undertaken in his presence before any cart track is laid. (b) The dimensions of the cart track namely its width should not suddenly increase when it comes to his lands.

4.I find both the requests of the petitioner to be reasonable. The dimension of the cart track should be remain constant from the beginning point till the end point. Survey shall also be done. By adhering to the aforesaid two directions, cart track can be laid. The petitioner is directed to remove the fence forthwith and without delay. 5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 18.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Dindigul District.

3.The Block Development Officer, Vedasandur Panchayat Union, Vedasandur, Dindigul District.

4.The Taluk Surveyor, Vedasandur Taluk, Dindigul District.

5.The President, Malvarpatti Village, Vedasandur Taluk, Dindigul District.

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