N.Elango v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR N.Elango ... Petitioner Vs., 1.The District Collector, Tiruchirappalli District.

2.The Tahsildar, Thuraiyur Taluk Office, Thuraiyur, Tiruchirappalli District.

3.The Block Development Officer, Panchayat Union Office, Thuraiyur.

4.The President, Senappanallur Village Panchayat, Thuraiyur Taluk, Tiruchirappalli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 27.07.2024 and restrain the fourth respondent from laying public road on the petitioner's private patta land in S.No.206/45 without following due acquisition process.

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For Petitioner : Mr.K.Prabhakar For Respondents : Mr.D.Gandhiraj Special Government Pleader O RDER Mr.D.Gandhiraj, learned Special Government Pleader, takes notice for the respondents 1 and 2.

2. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. This petition has been filed seeking for a writ of mandamus directing the respondents to consider the petitioner's representation dated 27.07.2024 and restrain the fourth respondent from laying public road on the petitioner's private patta land in S.No.206/45 without following due acquisition process.

4. It is the grievance of the petitioner that the fourth respondent attempted to lay road in S.No.206/45, which is belonged to the petitioner, claiming that the said land is poramboke. In this regard, the petitioner gave a representation to the first 2/4

respondent, however, no action has been taken so far. Hence, the petitioner is before this Court.

5. The learned Special Government Pleader, on instructions, would submit that the proposed road falls in S.No.206/46 and not in S.No.206/45. This statement is recorded.

6. In view of the above, this Criminal Original Petition is disposed of. It is made clear that before laying road, a detailed survey is essential, in presence of the petitioner. After satisfying that the proposed road does not fall within the S.No. 206/45, the respondents may proceed. No costs. 30.10.2024 NCC : Yes/No Index : Yes/No Rmk To 1.The District Collector, Tiruchirappalli District.

2.The Tahsildar, Thuraiyur Taluk Office, Thuraiyur, Tiruchirappalli District.

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N.SATHISH KUMAR , J.

Rmk 30.10.2024 4/4