Tamilarasi.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Tamilarasi ... Petitioner Vs 1.The District Collector, Collectorate Office, Madurai District, Madurai.

2.The Tashildar, Madurai West Taluk, Madurai.

3.The Block Development Officer, Thiruparankundram Panchayat Union, Panchayat Union Office, Thirupareankundram, Madurai.

4.The President, Erkudi Village, Panchayat, Erkudi, Madurai.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents in any manner entering for the purpose of laying road in the petitioner's private patta land bearing patta No.113 and Survey No.20/21 measuring 9 cents situated at Erkudi Village, Madurai West Taluk, Madurai. 1/4

For Petitioner : Mr.R.Muruga Poopathy For R-1 & R-2 : Mr.B.Saravanan, Government Advocate For R-3 & R-4 : Mr.A.K.Manikkam, Special Government Pleader

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus forbearing the respondents in any manner entering for the purpose of laying road in the petitioner's private patta land bearing patta No.113 and Survey No.20/21 measuring an extent of 9 cents situated at Erkudi Village, Madurai West Taluk, Madurai.

2. When the matter came up for hearing on 25.10.2021, this Court passed the following order:

"The petitioner seeks to prevent the respondents from laying a road in the land bearing Survey No.20/21 of an extent of 9 Cents.

2. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of respondents 1 and 2 and Mr.A.K.Manikkam, learned Standing Counsel, accepts notice for 2/4

respondents 3 and 4. Mr.K.S.Selva Ganesan submits that the patta in respect of Survey No. 20/21 A2 indicates an extent of 3 Ares which roughly corresponds to 7.5 Cents and not 9 Cents. He seeks time to obtain instructions in such regard.

3. Let the matter appear on November 8, 2021. Until such time, the respondents are directed not to proceed further with the construction of the road. "

3. When the matter was taken up for hearing today, the learned Government Advocate based on the written instructions received from the third respondent submitted that there is no proposal to lay any road in the subject property.

4. Recording the above, the Writ Petition is disposed of. No costs.

09.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

N.ANAND VENKATESH, J.

tsg To 1.The District Collector, Collectorate Office, Madurai District, Madurai.

2.The Tashildar, Madurai West Taluk, Madurai.

3.The Block Development Officer, Thiruparankundram Panchayat Union, Panchayat Union Office, Thirupareankundram, Madurai.

4.The President, Erkudi Village, Panchayat, Erkudi, Madurai.

09.11.2023 4/4