Nandhini.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21921 of 2023 and WMP(MD) No.18287 of 2023 A.Nandhini ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

3.The Executive Officer, Sriramapuram Town Panchayat, Sriramapuram, Dindigul 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 third respondent form in any manner constructing the Sewerage Channel through the petitioner's patta land comprised in Survey Nos. 663/1A and 663/1A situated at Kodalvavi Village, Dindigul West 1/5

Taluk, Dindigul District by considering the petitioner's representation dated 17.08.2023, within the time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For R1 & R2 : Mrs.D.Farjana Ghoushia Special Government Pleader For R3 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

The petitioner with a grievance that the respondents are laying a drainage channel in the petitioner's patta land has submitted a representation to the respondents and filed this writ petition. 2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents 1 & 2 submits that the drainage channel is constructed only in the Government land and not in the petitioner's patta land.

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3.In reply, the learned counsel appearing for the petitioner submits that the petitioner is prepared to pay necessary fee for conducting survey and he is also ready to produce the relevant documents in his favour and after ascertaining the ownership of the land, the respondents may proceed further.

4.Considering the request made by the petitioner's counsel that the petitioner is having valid documents pertaining to the subject land and he is also prepared to pay necessary fee for conducting the survey, this writ petition is disposed in the following terms:- i. The petitioner is directed to pay the required fee for survey within two days from today.

ii. The second respondent is directed to conduct survey, identify the property and proceed further with the construction of the drainage work within a period of four weeks from the date of receipt of 3/5

a copy of this order.

No costs. Consequently, connected Miscellaneous Petition is closed. 11.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn Note: Issue order copy on 12.09.2023 To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

3.The Executive Officer, Sriramapuram Town Panchayat, Sriramapuram, Dindigul District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.21921 of 2023 and WMP(MD) No.18287 of 2023 11.09.2023 5/5