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Madras High CourtWP(MD)/4415/2022disposed of

Gunasekaran.P v. The District Collector

2022-03-11Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4415 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4415 of 2022 and W.M.P.(MD)No.3726 of 2022 P.Gunasekaran ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Division, Sivagangai District.

4.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

5.The Block Development Officer, Kallal Panchayat Union, Kallal, Sivagangai District.

6.The Panchayat President, Kallipattu Panchayat, Thriuppathur Taluk, Sivagangai District.

7.Meyyammal 8.Anbarasu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents 5 and 6 from forming a new road in the disputed private property, consisting Survey Nos.111/14, 111/15 and 111/16 of Perichikovil village, in the proceedings in Na.Ka.A5001/2017 pending on the file of the third respondent.

For Petitioner :Mr.SP.Vijay Nivas For R1 to R4 :Mr.T.Amjad Khan Government Advocate For R5 and R6 :Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

The apprehension of the petitioner in this Writ Petition is that the respondents 5 and 6 are laying road in the disputed private property in S.Nos.111/14, 111/15 and 111/16 of Perichikovil village Sivagangai District.

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W.P.(MD)No.4415 of 2022 2.Heard Mr.SP.Vijay Nivas, learned Counsel for the petitioner, Mr.T.Amjad Khan, learned Government Advocate, who takes notice on behalf of R1 to R4 and Mr.K.S.Selvaganesan, learned Additional Government Pleader, who takes notice on behalf of R5 and R6. 3.Mr.T.Amjad Khan, learned Government Advocate appearing on behalf of the respondents 1 to 4 would submit that road has been laid only in S.No.111/31 and the work has also been completed. According to him, no road is laid in S.Nos.111/14, 111/15 and 111/16 of Perichikovil, as alleged by the petitioner. 4.The learned Counsel for the petitioner would submit that the petitioner will be satisfied, if the statement made by the learned Government Advocate is recorded.

5.After recording the statement made by the learned Government Advocate that no road is laid in S.Nos.111/14, 111/15 and 111/16 of Perichikovil, Sivagangai District, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Division, Sivagangai District.

4.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

5.The Block Development Officer, Kallal Panchayat Union, Kallal, Sivagangai District.

6.The Panchayat President, Kallipattu Panchayat, Thriuppathur Taluk, Sivagangai District.

+1 CC to M/s.SP.VIJAY NIVAS,Advocate ( SR-11755[F] dated 14/03/2022 ) +1 CC to M/s.SPL GP ( SR-11872[F] dated 14/03/2022 ) W.P.(MD)No.4415 of 2022 11.03.2022 MGJ(23.03.2022) 2P 9C https://hcservices.ecourts.gov.in/hcservices/ 2/2