Madras High CourtWP(MD)/4483/2011disposed of

Mr. U.Thankaraj, v. The District Collector,

2016-08-24Honourable Mr Justice K.K. Sasidharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)Nos.4483 and 4484 of 2011 and M.P.Nos.1 and 1 of 2011 U.Thankaraj : Petitioner in W.P.(MD).No.4483 of 2011 M.Raman : Petitioner in W.P.(MD).No.4484 of 2011 Vs.

1.The District Collector, District Collectorate, Kanyakumari District.

2.The Tahsildar, Agastheeswaram Taluk, Nagercoil, Kanyakumari District., 3.The Panchayat President, Peruvilai Panchayat, Peruvilai Post, Agastheeswaram Taluk, Kanyakumari District.

4.Mrs.Sreeja Sheik Meeran, The Panchayat President, Peruvilai Panchayat, Peruvilai Post, Agastheeswaram Taluk, Kanyakumari District.

: Respondents in both WPS PRAYER in W.P(MD).No.4483 of 2011 : Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus forbearing the respondents from making any construction or laying down any road in the petitioner's land in New Survey No.757/4 and 757/6 in an extent of 1 acre and 7.64 cents, situated at Vadasery Village, Peruvilai Panchayat, Nagercoi, Kanyakumari District, without initiating any acquisition proceedings.

PRAYER in W.P(MD).No.4484 of 2011 : Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus forbearing the respondents from making any construction or laying down any road in the petitioner's land in New Survey No.757/3 in an extent of 50.5, situated at Vadasery Village, Peruvilai Panchayat, Nagercoi, Kanyakumari District, without initiating any acquisition proceedings.

For Petitioners : Mr.Pinaygash For Mr.T.Lajapathi Roy For Respondents 1&2 : Mr.M.Murugan Government Advocate For Respondent No.4 : Mr.S.C.Herold Singh For Mr.M.Azeem For Respondent No.3 : No Appearance COMMON ORDER ******************** The petitioners have come up with these Writ Petitions to restrain the respondents from laying road through their properties in Survey No.757/4 and 757/6 [W.P.(MD).No.4483 of 2011] and 757/3, [W.P.(MD).No.4484 of 2011], situated at Vadasery Village, Peruvilai Panchayat, Nagercoi, Kanyakumari District.

2. The President of Peruvilai Panchayat, Peruvilai Post, Agastheeswaram Taluk, Kanyakumari District, in her counter affidavit, stated that the road was formed only in Re-Survey No.757/1. According to the third respondent, who is shown as in her personal capacity as fourth respondent, clearly stated that there is no proposal to lay a road through the properties in question.

3. In view of the said submission, nothing survives for adjudication in these Writ Petitions. It is always open to the petitioners to approach the concerned Civil Court, in case there is an attempt made by any of the respondents to trespass into their properties for the purpose of laying a road.

4. The Writ Petitions are disposed of with the above observation. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Record) /True Copy/ Sub Assistant Registrar To

1. The District Collector, District Collectorate, Kanyakumari District.

2. The Tahsildar, Agastheeswaram Taluk, Nagercoil, Kanyakumari District., +1cc to M/s.S.C.Herold Singh, Advocate SR.No.47177 +1cc to M/s.T.Lajapathi Roy, Advocate SR.No.47355 +1cc to Special Government Pleader SR.No.47416 COMMON ORDER MADE IN W.P.(MD)Nos.4483 and 4484 of 2011 nb SD/GSV-PM/21.09.2016/3P/6C