Devaraj v. The Dist.Collector
W.P.(MD).No.6636 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.6636 of 2021 and W.M.P.(MD).No.5141 of 2021 Devaraj
...Petitioner
Vs.
1. The District Collector, Pudukkottai District, Pudukkottai.
2. The Block Development Officer, Karambakudi Union, Pudukkottai District.
... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from laying illegal road in the petitioner's patta land situated in Survey No.431/2A, 431/3A, 431/4A at Mankottai Village, Karambakudi Taluk, Pudukkottai District, on the basis of the petitioner's representation, dated 16.03.2021.
For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.B.Bhagawathy Government Advocate
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus forbearing the respondents from laying road in the petitioner's patta land.
2. A counter affidavit has been filed by the second respondent and the relevant portion in the counter affidavit is extracted hereunder:- "The petitioner patta 1856 and Survey No.431-2A, 3A and 4A is classified in the name of Devaraj S/0. Savarimuthu. The above said road work is not entered in the patta land which is ended up to the beginning of the patta land. So the road work is not newly formed and improvement of the existing road only. So the petitioner allegation is wrong and misunderstanding."
https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.6636 of 2021
3. Heard Mr.D.Ramesh Kumar, learned counsel appearing for the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents.
4. It is clear from the stand taken by the second respondent in the counter affidavit that the respondents have not proposed to lay any road on the patta lands belonging to the petitioner. This statement made in the counter affidavit is recorded and this Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1. The District Collector, Pudukkottai District, Pudukkottai.
2. The Block Development Officer, Karambakudi Union, Pudukkottai District.
+1 CC to M/s.SPL GP ( SR-17933[F] dated 28/04/2021) Order made in W.P.(MD).No.6636 of 2021 Dated:
27.04.2021 AS(11.06.2021)3P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2