Veeraiya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.12050 of 2023 Veeraiya ... Petitioner Vs.

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

2.The Block Development Officer, Block Development Office Campus, Pudukkottai.

3.The President, Pulavangadu Village Panchayat, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 1st and 2nd respondents herein from put up the construct of new bus stop at Survey No. 168/1 and 169/10, Patta No.1197, Puthuvayal, Pulavangadu Village, Pudukkottai Taluk, Pudukkottai District, based on the petitioner's representation dated 07.06.2023.

For Petitioner : Mr.A.Banumathy For R2&R3 : Mr.S.Suriyananth Additional Government Pleader 1/4

ORDER

This writ petition has been filed in the nature of a mandamus seeking a restraint order against the second respondent from putting up a new bus stop at Survey Nos.168/1 and 169/10 in Patta No.1197, Puthuvayal, Pulavangadu Village, Pudukkottai Taluk, Pudukkottai District. The petitioner had given a representation on 07.06.2023.

2.The petitioner, Veeraiya, S/o.Subbiah, is residing in the land at S.No. 169/10. The respondents have taken a decision to put up a bus stop in the road abutting the house of the petitioner, which is described in the revenue records as 'Vandi Pathai' and is in S.No.169/9. Complaining that the bus stop has been put up in the front of the house of the petitioner, the writ petition has been filed. 3.However, it is clarified that the bus stop is being put up only in the Government land, which has been clarified as 'Vandi Pathai'. The respondents have every right to do that and they have also issued tender for it. Let them proceed in the manner known to law and complete the construction of bus stop in S.No.169/9.

4.The learned Special Government Pleader appearing for the second and 2/4

third respondents stated that the petitioner has also encourached a portion of the Government land, I am not entering into discussion on that particular aspect. The respondents also may ensure that they do not encroach into the patta land of the petitioner. Let the boundaries be mutually respected by both the parties. 5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Ns To 1.The Block Development Officer, Block Development Office Campus, Pudukkottai.

2.The President, Pulavangadu Village Panchayat, Pudukkottai District.

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C.V.KARTHIKEYAN, J.

Ns and W.M.P(MD)No.12050 of 2023 21.06.2023 4/4