Madras High CourtWP(MD)/21351/2015disposed of

E. Darwin v. The District Collector

2017-07-17Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.21351 of 2015 and M.P(MD) No.1 of 2015 E.Darwin ... Petitioner -vs1.The District Collector, Kanyakumari District.

2.The Assistant Director of Panchayat, Nagercoil, Kanyakumari District.

3.The Block Development Officer, Munchirai Panchayat Union, Pudukkadai Post, Kanyakumari District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents from laying road in the petitioner's patta land situated in Survey No.529 and 529/2 of Kulapuram Village, Kanyakumari District without following the due process of law by considering petitioner's representation dated 26.10.2015. For Petitioner : Mr.S.C.Herold Singh For R.1 and R.

: Mr.J.Gunaseelan Muthiah, Government Advocate For R.3 : Mr.Aayiram K.Selvakumar *****

O R D E R

This writ petition has been filed, seeking to forbear the respondents from laying road in the petitioner's patta land situated in Survey No.529 and 529/2 of Kulapuram Village, Kanyakumari District without following the due process of law by considering petitioner's representation dated 26.10.2015.

2. Heard the learned counsel on either side.

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3. When the matter is taken up for hearing, the learned counsel for the third respondent has produced the copy of the

proceedings in Roc.No.A9/4292/15, dated 30.11.2015, wherein it has been stated that the third respondent is not laying any road in the property belonging to the petitioner as averred in this Writ Petition.

4. In view of the submission and also recording the proceedings dated 30.11.2015, this Court is of the view that no further order is required to be passed in this Writ Petition. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To:

1.The District Collector, Kanyakumari District.

2.The Assistant Director of Panchayat, Nagercoil, Kanyakumari District.

3.The Block Development Officer, Munchirai Panchayat Union, Pudukkadai Post, Kanyakumari District.

+One cc to Mr.S.C.Herold Singh, Advocate, SR.No.65756 +One cc to The Special Government Pleader, SR.No.66166 rm/ar RL/6C/2P/GT/SAR1/27/7/2017 W.P.(MD)No.21351 of 2015 17.07.2017 https://hcservices.ecourts.gov.in/hcservices/