Balu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20485 of 2023 and WMP(MD) No.16938 of 2023 Balu ... Petitioner Vs 1.The District Collector, 2.The Tahsildar, Papanasam Taluk, 3.The Block Development Officer, Block Development Office, Ammapettai, 4.The Chairman, Ammapettai Union Office, Ammapettai,

...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 any cement pipeline and road through 1/5

the petitioner's private property bearing Survey No.29/3 in Perungarai Village, Maangudi North Panchayat, Papanasam Taluk, For Petitioner : Mr.P.Edin Brough For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner with a grievance that the respondents are attempting to lay a cement pipeline in the petitioner's patta land in S.No.29/3 of Perungarai Village, Maangudi North Panchayat, Papanasam Taluk, Thanjavur District has filed this writ petition for a Mandamus, forbearing the respondent from laying any pipeline in the petitioner's patta land.

2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents on instructions submits that the respondents are laying pipeline in S.No.29/1 and not in the petitioner's patta land in S.No.29/3.

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3.The learned counsel appearing for the petitioner by disputing the submission of the learned Special Government Pleader submits that without conducting any survey, the respondents are attempting to lay the pipeline in the petitioner's land in S.No.29/1. The petitioner has also filed an application to survey his land on 05.01.2022. However, without considering the petitioner's application, without conducting any survey and identifying the exact survey Number, the respondents are attempting to lay the pipeline and that falls in the petitioner's patta land. 4.In response to the submission of the learned counsel for the petitioner, the learned Special Government Pleader has produced a proceedings dated 12.10.2022 that a survey was already conducted. However, the petitioner was not present during the survey.

5.Considering the rival submissions made on either side, this writ petition is disposed of with a direction to the second 3/5

respondent to survey the subject lands in the presence of the petitioner and after identifying the Survey numbers properly, shall proceed with the execution of the work. No costs. Consequently, connected Miscellaneous Petition is closed.

23.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 1.The District Collector, 2.The Tahsildar, Papanasam Taluk, 3.The Block Development Officer, Block Development Office, Ammapettai, 4.The Chairman, Ammapettai Union Office, Ammapettai, 4/5

B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.20485 of 2023 and WMP(MD) No.16938 of 2023 23.08.2023 5/5