Madras High CourtWP(MD)/16554/2017disposed of

K.Ramasamy, v. The District Collector

2024-10-21Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.13188 of 2017 1.K.Ramasamy 2.K.Thiruvadi Nainar .. Petitioners Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Ambasamudram Taluk, Ambasamudram, Tirunelveli District.

3.The Commissioner, Vickiramasingapuram Municipality, Vickiramasingapuram, Tirunelveli District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents herein in any manner from laying road or pathway through the petitioners' properties comprised in Survey Nos.435/1B1C, 435/1B1D

and 435/1B2, Vickiramasingapuram Part - I Village, Ambasamudram Taluk, Tirunelveli District without initiating Land Acquisition Proceedings and awarding compensation to the petitioners. For Petitioners :

Mr.J.Parekhkumar For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader For R3 :

Mr.N.Vignesh

ORDER

This writ petition has been filed seeking for a mandamus forbearing the respondents from laying road or pathway through the petitioners' properties comprised in Survey Nos.435/1B1C, 435/1B1D and 435/1B2, Vickiramasingapuram Part-I Village, Ambasamudram Taluk, Tirunelveli District without initiating Land Acquisition Proceedings and awarding compensation to the petitioners.

2. Today, a counter affidavit has been filed by the third respondent, wherein at paragraph No.4, it has been stated as follows: "4. I submit that the petitioner has filed this present writ petition under misconception that this respondent is trying to lay road in his land but this

respondent has not laid any road in the petitioners land and with respect to the Gadana River Extension Project this respondent has no role in it and not done anything. The public Works Department is the authority who had carried out the said project. Since, this respondent is no way connected to the relief sought by the petitioner, the same may be dismissed as against this respondent."

3. Recording the above, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Ambasamudram Taluk, Ambasamudram, Tirunelveli District.

P.T.ASHA, J.

abr Dated: 21.10.2024