Madras High CourtWP(MD)/15416/2022allowed

Palraj. V v. The District Collector

2022-07-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15416 of 2022 and W.M.P.(MD)No.11059 of 2022 V.Palraj ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Virudhunagar Taluk, Virduhunagar District.

4.The Block Development Officer, Virudhunagar Taluk, Virudhunagar District.

5.The President, Elinganayakkanpatti Panchayat, Virudhunagar District.

6.Palanisamy, The President, 1/4

Velaampur Panchayat, T.Kallupatti Union, Madurai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents not to allow the respondents 5 & 6 to construct road in between the petitioner's agricultural land in Survey No.256/1 3 Acres 75 cent land at Nayakanpatti Village, Virudhunagar District illegally and to take action against them based on the representation in person dated 06.07.2022 to dispose of the same within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For R1 to R3 : Mr.K.Balasubramani Special Government Pleader For R4 to R6 : Mr.G.Sivaraja Government Advocate

O R D E R

Heard the learned counsel on either side.

2. If the respondents want to lay any road on the petitioner's patta land, they have to get either the petitioner's consent or acquire the same in the manner known to law. There is no third option open to the respondents.

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3. I restrain the respondents from laying any road on the petitioner's patta land except in the manner indicated above.

4. The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 18.07.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Virudhunagar Taluk, Virduhunagar District.

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G.R.SWAMINATHAN,J.

rmi W.P.(MD)No.15416 of 2022 and W.M.P.(MD)No.11059 of 2022 18.07.2022 4/4