Writ petition seeking mandamus to prevent road laying on petitioner's land. Court noted official letter confirmed no proposal for tar road. Petition disposed of without further order.
No further order required; connected miscellaneous petition closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2017 CORAM: THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No.21421 of 2015 and M.P(MD)No.1 of 2015
D.Kaliaperumal .. Petitioner Vs. 1.The District Collector, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Thanjavur District, Thanjavur. 3.The Tahsildar, Office of the Tahsildar, Orathanadu, Thanjavur District. 4.The Assistant Director, District Rural Development, Office of the Collectorate, Thanjavur. 5.The Block Development Officer, Orathanadu Union, Orathanadu, Thanjavur. 6.The President, No.54, Ambalapattu South Village Panchayat, Ambalapattu South Post, Orathanadu Taluk, Thanjavur District. 7.The President, No.54, Ambalapattu South Village Panchayat, Ambalapattu South Post, Orathanadu Taluk, Thanjavur District. .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents herein from laying any road on the petitioner patta land comprised in Survey No.923/2B of an extent of 1.99.0 Ares situated at Ambalapattu North Village, Orathanadu Taluk, Thanjavur District on the basis of the petitioner's representation dated 17.11.2015 and consequently https://hcservices.ecourts.gov.in/hcservices/ direct the respondents herein to follow the procedures contemplated under the Act.
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For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.
ORDER
This writ petition is filed seeking a writ of Mandamus to direct the respondents not to lay any road on the petitioner's patta land comprised in Survey No.923/2B, admeasuring 1.99.0 Ares, situated in Ambalapattu North Village, Orathanadu Taluk, Thanjavur District, on the basis of the petitioner's representation, dated 17.11.2015.
2.It is averred in the petition that the petitioner is the absolute owner of the property comprised in Survey No.923/2B admeasuring1.99.0 Ares, situated in Ambalapattu North Village, Orathanadu Taluk, Thanjavur District. Since, the respondents are trying to lay tar road on his land, he sent a representation dated 17.11.2015 to the respondents. But, the same has not been considered, so far. Therefore, the petitioner is before this Court.
3.Today, when the matter is taken up for hearing, the learned Government Advocate, appearing for the respondents, submitted that there is a mud road in the land in question and there is no proposal for laying tar road. The learned Government Advocate also produced a copy of the letter sent by the fourth respondent, wherein it is stated as follows:
“mjid bjhlh;e ;J 31.03.2017y; md;W 1 fhty;Jiw fz;fhzpg;ghsh;>
5 fhty;Jiw cjtp Ma;thsh;fs; kw;Wk ; 100 fhtyh;fs; cjtpa[ld ; kPz;Lk ;
Mf;fpukpg;g [ bra;ag ;gl ;L mikf;fg;gl ;l Ks;ntypapid mfw;wg ;gl ;L vy;iy
fw;fs ; elg;gl ;L> rhiy trjp bra;ag ;gl ;L jw;bghGJ bghJkf;fs ; gad;ghl;oy; kz; rhiyahf cs;sJ. nkw;fhZk; ,lj;jpy; Cuhl;rpf;F brhe;jkhd ,lk; vd;W vGjp epue;ju rpbkz;l ; nghh;L itf;fg ;gl ;Ls ;sJ.
g[y vz;-923/2B tp];jPuzk; 1.99.0 Vh; epyj;jpy; jw;nghJ jhh;
rhiy nghlg;gltpy;iy kz; rhiyahf cs;sJ vd;w tptuj;jpid bjhptpj;Jf;bfhs;fpnwd;”.
4.Now, the fourth respondent, in his letter, dated https://hcservices.ecourts.gov.in/hcservices/ 19.07.2017, stated that there is no tar road in the land in question, this Court is of the view that no further order is
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required in this writ petition. Recording the said statement of the fourth respondent, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd /-
ASSISTANT REGISTRAR(CO)
/TRUE COPY/
SUB ASSISTANT REGISTRAR
To
smn
MAS/KP/SAR1:31.07.2017:3P-9C
ORDER MADE IN W.P(MD)No.21421 of 2015 and M.P(MD)No.1 of 2015 20.07.2017
1 issue framed by the court
Whether a Writ of Mandamus should be issued to stop respondents from laying a road on the petitioner's patta land.
1 provisions across 1 enactments
D. Kaliaperumal
The District Collector, Thanjavur District
The Revenue Divisional Officer, Thanjavur District
The Tahsildar, Orathanadu
The Assistant Director, District Rural Development
The President, No.54, Ambalapattu South Village Panchayat
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
