Muthukumar .R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.15662 of 2023 R.Muthukumar ... Petitioner versus

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

4. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

5. The Divisional Engineer (Construction and Maintenance) Tamil Nadu State Highways Department, Ramanathapuram, Ramanathapuram District.

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6. The Managing Director, Suganya Constructions, HIG No.25, 80 Feet Road, Anna Nagar, Madurai - 625 020.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the 5th and 6th respondents from laying the road in the petitioner's patta lands situated in Survey Nos.19/4B and 19/4C comprised in Patta Nos.9805 and 9806, Regunathamadai Village, Surangkottai Group, Ramanathapuram Taluk & District, by considering the petitioner's representation dated 25.07.2023.

For Petitioner : Mr.T.Veerakumar For R1 to R5 : Mr.P.T.Thiraviam, Government Advocate

ORDER

The petitioner, with a grievance that the respondents 5 and 6 are attempting to lay a road in his patta land, has filed this writ petition, 2/5

seeking to forbear them from laying a road in his patta lands in Survey Nos.19/4B and 19/4C comprised in Patta Nos.9805 and 9806, situated at Regunathamadai Village, Surangkottai Group, Ramanathapuram Taluk & District, by considering his representation dated 25.07.2023.

2. Mr.P.T.Thiraviam, learned Government Advocate, who takes notice for the respondents 1 to 5, on the written instructions, which he received from the Assistant Divisional Engineer Highways, Tamil Nadu State Highways Department, Ramanathapuram, submits that based on the petitioner's representation dated 25.07.2023, survey was conducted in the presence of Village Administrative Officer and Surveyor; the Officials have also earmarked the boundaries of the State Highways Road. He further submits that they are going to lay a road on the Highways boundaries and not on the petitioner's patta land. He has also produced photographs of the boundaries fixed by the Highways on the road margin.

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3. Considering the submission made by the learned Government Pleader, this writ petition is closed as no further orders are required. No costs. Consequently, connected miscellaneous petition is closed. 03.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Ramanathapuram District.

2. The District Revenue Officer, Ramanathapuram District.

3. The Revenue Divisional Officer, Ramanathapuram.

4. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

5. The Divisional Engineer (Construction and Maintenance) Tamil Nadu State Highways Department, Ramanathapuram, Ramanathapuram District.

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B.PUGALENDHI, J.

ogy 03.08.2023 5/5