E. Prasad Esakki v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P(MD).Nos.3950 and 3951 of 2025 E.Prasad Esakki ... Petitioner vs.

1.The District Collector, Thanjavur.

2.The Divisional Engineer, Highways Department, Panagal Building, Papanasam, Thanjavur.

3.The Assistant Engineer, Highways Department, Panagal Building, Papanasam, Thanjavur.

4.The Tahsildar, Papanasam Taluk, Thanjavur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents from laying any road in the petitioner's patta land in Old S.No.300/1 and New 1/5

S.No.300/1A measuring 10 cents situated in Saliyamangalam Village, Papanasam Taluk, Thanjavur District, without following due process of law based on petitioner's representation dated 08.02.2025. For Petitioner : Mr.H.Arumugam For Respondents : Mr.G.Suriyananth Additional Government Pleader

O R D E R

The plea of the writ petitioner is for a mandamus to forbear the respondents from laying any road over his patta lands situated in Old S.No.300/1, New S.No.300/1A of Saliyamangalam Village, Papanasam Taluk, Thanjavur District, without following due process of law.

2. When the matter came up for admission, Mr.M.Muthumanikkam, learned Government Advocate, who took notice for the respondents, stated that the survey is yet to be completed and that the road will not be laid over the area covered by the writ petition till the survey is conducted. The learned Government Advocate further stated that he will produce the result of the survey on the next date of hearing. Accordingly, I posted the matter today (i.e., 04.03.2025). 2/5

3. Today, when the matter was taken up, Mr.S.Shaji Bino, learned Special Government Pleader representing for Mr.Suriyananth, learned Additional Government Pleader for the respondents states that survey has been conducted in the presence of the petitioner as well as the official respondent. The result of the survey shows that the road is not running over the land belonging to the petitioner. Hence, the apprehension of the petitioner is unfounded.

4. Recording the statement of the learned Special Government Pleader that the road does not run over the land belonging to the petitioner, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Index :Yes / No 04.03.2025 NCC :Yes / No Rmk 3/5

To 1.The District Collector, Thanjavur.

2.The Divisional Engineer, Highways Department, Panagal Building, Papanasam, Thanjavur.

3.The Assistant Engineer, Highways Department, Panagal Building, Papanasam, Thanjavur.

4.The Tahsildar, Papanasam Taluk, Thanjavur.

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V. LAKSHMINARAYANAN, J.

Rmk 04.03.2025 5/5