Selvaraj. v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.9021 of 2023 and W.M.P.(MD)No.8185 of 2023 Selvaraj ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.The Block Development Officer (Village Panchayat), Union Office, Thiruppathur, Sivagangai District.

4.The President, Ozhugamangalam Panchayat, Thirupathur Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forebear the respondents herein from putting up any construction in Survey No.132/5, Ozhugamangalam, Thiruppathur Taluk, Sivagangai District especially in front of the petitioner's house based on the petitioner's representation, dated 10.04.2023.

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For Petitioner :Ms.A.Banumathy For R1 and R2 :Mr.J.Ashok Additional Government Pleader For R3 :Mrs.K.Christy Theboral Additional Government Pleader For R4 :Mr.P.Mahendran *****

O R D E R

This Writ Petition has been filed in the nature of a Mandamus seeking a restraint against the respondents from putting up any construction in S.No.132/5 at Ozhugamangalam, Thiruppathur Taluk, Sivagangai District, particularly, in front of the house of the petitioner. The petitioner has given a representation, dated 10.04.2023. 2.Heard Ms.A.Banumathy, learned Counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader for the first and second respondents, Mrs.K.Christy Theboral, learned Additional Government Pleader for the third respondent and Mr.P.Mahendran, learned Counsel for the fourth respondent.

3.In the affidavit, the petitioner stated that the petitioner is residing at Ozhugamangalam, Thiruppathur Taluk, Sivagangai District. The land 2/6

in S.No.130/14 was classified as Natham and belongs to the Government. The petitioner and his brother has been in possession of the said land. Thereafter, assignment patta has also been granted to the petitioner and his brother in the year 1993. There is land of about 11⁄2 acres opposite to the house of the petitioner in S.No.132/5. In that particular place, the respondents had taken a decision to construct Panchayat Office. Claiming that the construction would obstruct the house of the petitioner, the present Writ Petition has been filed.

4.Pending the Writ Petition, a direction was issued to inspect the said place and to examine whether there has been obstruction to the house of the petitioner.

5.A report has been filed by the Tahsildar, Thirupathur Taluk, which would state that the petitioner had also encroached into the Government land.

6.Be that as it may, it had also been stated that at the distance of 7.3 meters, the Panchayat Office would be constructed. This would 3/6

effectively mean that it would be constructed beyond 21 feet from the house of the petitioner herein.

7.Let every endeavour be made to not have the panchayat office straight in front of the gate of the petitioner. Let it be shifted to a little side, which would enable the petitioner to have free access to the gate and outside the gate. This step may be taken by the respondents and after ensuring that a minimum of 21 feet is kept as a distance from the gate of the petitioner, let the Panchayat Office be constructed, but not in front of the gate, but a little towards the side of the gate. 8.The Writ Petition stands disposed of. No order as to costs. Consequently, connected miscellaneous petition is closed. Index :Yes / No 26.04.2023 Internet :Yes NCC : Yes/No cmr 4/6

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.The Block Development Officer (Village Panchayat), Union Office, Thiruppathur, Sivagangai District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.9021 of 2023 26.04.2023 6/6