Madras High CourtWP(MD)/14850/2020disposed of

K.Karuppaiah v. The District Collector

2020-10-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD) No.14850 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM:

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE W.P.(MD )No.14850 of and W.M.P.(MD) No.12511 of 2020 K.Karuppaiah ... Petitioner Vs.

1) The District Collector, Office of the District Collector, Pudukkottai District.

2) The Block Development Officer, Office of the Block Development Officer, Kundrandar Kovil Panchayat Union, Kulathur Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents herein from laying any road in the petitioner's property comprised in S.No.160/3A of Mela Pudur Vayal Revenue Village, Kulathur Taluk, Pudukottai District by considering the representation of the petitioner dated 21.09.2020. For Petitioner : Mr.B.Jameel Arasu For R-1 : Mr.C.Ramesh, Special Government Pleader For R-2 : Mr.K.Sathiya Singh, Additional Government Pleader.

O R D E R

Mr.C.Ramesh, learned Special Government Pleader accepts notice on behalf of the first respondent and Mr.K.Sathiya Singh, learned Additional Government Pleader takes notice for the second respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition has been filed seeking for a Mandamus to forbear the respondents herein, from laying any road in the petitioner's property comprised in S.No.160/3A of Mela Pudur Vayal Revenue Village, Kulathur Taluk, Pudukottai District.

3. It is the case of the petitioner that, he is the absolute owner of the aforementioned property and patta also stands in his https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.14850 of 2020 name.

4. Mr.K.Sathiya Singh, learned Additional Government Pleader, appearing for the second respondent, on instructions, would submit that the respondents have no plans for laying road in the aforementioned property, which is situated in S.No.160/3A of Mela Pudur Vayal Revenue Village, Kulathur Taluk, Pudukottai District.

5. In view of the said submission, the apprehension of the petitioner is uncalled for.

6. Recording the submissions made by the learned Additional Government Pleader appearing for the second respondent, this writ petition is disposed of and it is made clear that the respondents shall not lay road in the property comprised in S.No.160/3A of Mela Pudur Vayal Revenue Village, Kulathur Taluk, Pudukottai District. However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.12511 of 2020 is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 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,Office of the District Collector, Pudukkottai District.

2) The Block Development Officer, Office of the Block Development Officer, Kundrandar Kovil Panchayat Union, Kulathur Taluk, Pudukkottai District.

+1 CC to M/s.GP ( SR-20703[F]& SR-20693 dated 29/10/2020 ) Order made in W.P.(MD)No.14850 of 2020 Dated:

28.10.2020 SE(CO) AP(05/11/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2