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Madras High CourtWP(MD)/21429/2014disposed of

S. Vellaisamy, v. The District Collector,

2023-02-02Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.21429 of 2014 and M.P(MD) No.1 of 2014 S.Vellaisamy ..... Petitioner - Vs1. The District Collector, Karur District, Karur.

2. The Block Development Officer, Kadavur Taluk, Karur District.

3. The Kadavur Panchayat Represented by its President, Kadavur, Karur District.

4. The Tahsildar, Tharagampatti, Kadavur Taluk, Karur 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 respondents from laying road in the petitioner's patta land in Survey No. 1/5

1365/4, E.Edayapatti Village, Kadavur Taluk, Karur District. For Petitioner : Mr.K.Govindharajan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for a writ of Mandamus, forbearing the respondents from laying road in the petitioner's patta land in Survey No.1365/4, E.Edayapatti Village, Kadavur Taluk, Karur District.

2. The learned counsel for the petitioner would submit that the land in S.No.1365/4 measuring an extent of 0.84.5 hectares at Edayapatti Village, (East), Kadavur Taluk, Karur District, is a patta land belonging to the petitioner and he has been issued with the patta. The respondents 2 to 4 had come to the property of the petitioner on 26.12.2014 and surveyed the petitioner's land. The petitioner was informed that they are going to lay a road in the land belonging to the petitioner. Being aggrieved thereby, the petitioner, sent representations to various authorities including the respondents herein on 26.12.2014. The said representation has not been considered till date.

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3. In view of the aforesaid facts, the petitioner is directed to make a fresh representation to the first respondent herein/ the District Collector within a period of two weeks from the date of receipt of a copy of this order and the first respondent shall consider the representation made by the petitioner and after affording an opportunity to the petitioner, pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks thereafter.

4. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

02.02.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The District Collector, Karur District, Karur.

2. The Block Development Officer, Kadavur Taluk, Karur District.

3. The Kadavur Panchayat Represented by its President, Kadavur, Karur District.

4. The Tahsildar, Tharagampatti, Kadavur Taluk, Karur District.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.21429 of 2014 02.02.2023 5/5