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Madras High CourtWP(MD)/2876/2024disposed of

Murugan v. The District Collector

2024-02-12Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.2876 of 2024 and W.M.P(MD)No.2886 of 2024 Murugan ... Petitioner -Vs1.The District Collector, O/o the District Collector, Tirunelveli District.

2.The Tahsildar, O/o the Tahsildar, Nanguneri Taluk, Tirunelveli District.

3.The Block Development Officer, O/o the Block Development Officer, Nanguneri Taluk, Tirunelvei District.

4.The Surveyor, Nanguneri Taluk, Tirunelveli District.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus forbearing the respondents 1 to 3 from making any construction in the Petitioner's Patta 1/5

land situates in Survey No. 806/27 with the extent of 5920.20 square feet at Aalvaneri Village, Nanguneri Taluk, Tirunelveli District and consequently, direct the 4th respondent to survey the petitioners patta land situated in Survey No. 806/27 at Aalvaneri Village, Nanguneri Taluk, Tirunelveli District.

For Petitioner : Mr.K.Navaneetha Raja For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader (for R1, R2 & R4) Mr.G.Suriya Anand Govt. Advocate (crl. side)

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus forbearing the respondents 1 to 3 from making any construction in the Petitioner's Patta land situates in Survey No. 806/27 with the extent of 5920.20 square feet at Aalvaneri Village, Nanguneri Taluk, Tirunelveli District and consequently, direct the 4th respondent to survey the petitioners patta land situated in Survey No. 806/27 at Aalvaneri Village, Nanguneri Taluk, Tirunelveli District.

2.The case of the petitioner is that he is in peaceful and possession and enjoyment of the subject property from the date of purchase and the patta also mutated in his name. However, during September 2023, the 2/5

respondents informed the petitioner that they are going to construct a bus stop in front of his property. Hence, the filed the present writ petition.

3. The learned Special Government Pleader appearing for the respondents 1, 2 and 4 would submit that the respondents had conducted survey in respect of the subject property. During survey, it was found that the petitioner has encroached 54 square meters land and it is a vacant cite. The respondent has decided to construct bus stop only in the Government land and not in the petitioner's land. In this regard, he has produced a copy of the sketch.

4. Recording this said submission, this writ petition is disposed of. If the petitioner has doubt, he has to approach the competent appellate authority for clarifying/referring the same by paying necessary fees. No costs. Consequently, connected miscellaneous petition is closed. 12.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 3/5

To 1.The District Collector, O/o the District Collector, Tirunelveli District.

2.The Tahsildar, O/o the Tahsildar, Nanguneri Taluk, Tirunelveli District.

3.The Block Development Officer, O/o the Block Development Officer, Nanguneri Taluk, Tirunelvei District.

4.The Surveyor, Nanguneri Taluk, Tirunelveli District.

4/5

V.BHAVANI SUBBAROYAN, J.

skn Writ Petition(MD)No.2876 of 2024 12.02.2024 5/5