Madras High CourtWP(MD)/7626/2017dismissed

S.Muthuraj Sakkaravarthi v. The District Collector,

2017-07-19Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7626 of 2017 and W.M.P(MD).No.5942 of 2017 S.Muthuraj Sakkaravarthi ... Petitioner vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Divisional Engineer, Construction and Maintenance, Tamil Nadu Road Development Project No.II, Tirunelveli.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents encroaching petitioner's land and laying Tar road in petitioner's land situated in S.No.127/8, comprising in Patta No.3990, Karasuthu Puthur Village, Radhapuram Taluk, Tirunelveli District.

For Petitioner : Mr.H.Arumugam For Respondents : Mr.T.S.Md.Mohideen Addl. Govt. Pleader

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.,) The petitioner filed this writ petition to restrain the respondents from laying Tar road through the property in S.No.127/8 at Karasuhu Puthur Village, Radhapuram Taluk, Tirunelveli District. 2.The copy of the award produced by the learned Additional Government Pleader indicates that the property bearing Survey No.127/8 was acquired by the Government for forming a road from Anjugramam to Uvari.

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3.In view of the award passed by the land Acquisition Officer, there is no question of issuing a Mandamus. It is open to the petitioner to approach the civil Court, in case, he is still aggreived.

4.The writ petition is dismissed with the above observation. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Divisional Engineer, Construction and Maintenance, Tamil Nadu Road Development Project No.II, Tirunelveli.

+ 1 CC TO Mr.H.ARUMUGAM, ADVOCATE IN SR No. 66511 ARUL/SKM TE/JC/SAR-I : 28/07/2017 : 2P/4C W.P(MD)No.7626 of 2017 and W.M.P(MD).No.5942 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/