K. Arjunan v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.11222 of 2020 K.Arjunan .. Petitioner Vs.
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Tahsildar, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.
3.The Block Development Officer, Thiruvadanai Block Development Office, Thiruvadanai, Ramanathapuram District.
4.The President, Kodipangu Village Panchayat, Kodipangu Village, Thiruvadanai Taluk, Ramanathapuram District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 4 to renovate and extend the road in front of the petitioner's land situated in Natham S.No.407/4, to the extend of 00.04.5 Ares, which covered in Patta No.20, in Mallanur Group, Kodipangu Village, Thiruvadanai Taluk, Ramanathapuram District, only by following the due process of law and after issuing notice to the petitioner under the Land Acquisition Act as averred in the petitioner's representation, dated 29.08.2020.
For Petitioner : Mr.P.Santhana Krishnan For Respondents : Mr.C.Ramesh Special Government Pleader for R1 to R3 Mr.K.Mahendran Standing Counsel for R4 1/3
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents 2 and 4 to renovate and extend the road in front of the petitioner's land situated in Natham S.No.407/4, to the extent of 00.04.5 Ares, which covered in Patta No.20, in Mallanur Group, Kodipangu Village, Thiruvadanai Taluk, Ramanathapuram District, only by following the due process of law and after issuing notice to the petitioner under the Land Acquisition Act as averred in the petitioner's representation, dated 29.08.2020.
2. Heard Mr.P.Santhana Krishnan, learned counsel for the petitioner, Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.K.Mahendran, learned Standing Counsel appearing for the fourth respondent and perused the materials available on record.
3. Mr.K.Mahendran, learned Standing Counsel for the fourth respondent, on instructions would submit that the respondents 2 to 4 are not encroaching the petitioner's property. According to him renovations are carried out only in the existing road.
4. The learned counsel for the petitioner is satisfied with the above submissions made by the learned Standing Counsel for the fourth respondent.
5. The learned Standing Counsel for the fourth respondent would also submit that a peace committee meeting was convened on 06.10.2020, in which the petitioner himself has given an undertaking that he will not object the renovation work to be carried out in the existing road.
6. From the submissions made by the respective Counsels, it is clear that there is no encroachment by the respondents 1 to 4 over the petitioner's property and hence nothing survives for adjudication in this writ petition.
7. Recording the submissions made by both side counsels, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 2/3
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, Ramanathapuram District, Ramanathapuram.
2.The Tahsildar, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.
3.The Block Development Officer, Thiruvadanai Block Development Office, Thiruvadanai, Ramanathapuram District.
16.10.2020 DKS(CO) CS(29.10.2020) 3P 4C 3/3