Disposed

E.Sampathkumari, v. the District Collector

Madras HC27 Aug 2020WP/26297/2013

Case brief

AI extract

What is this about?

A writ petition seeking mandamus to restrain the Village Panchayat from laying roads on private land. The High Court disposed of the petition upon the respondents' submission that they cannot interfere with possession without following due process of law. No costs awarded.

What did the court decide?

The Writ Petition is disposed of. No costs. Connected Miscellaneous Petition closed.

E.Sampathkumari, Vs the District… — Constitutional and Fundamental Rights | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.08.2020

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CORAM :

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The HON'BLE MR.JUSTICE M.DURAISWAMY

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W.P.No.26297 of 2013 and M.P.No.1 of 2013

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E. Sampathkumari
... Petitioner
v.
1. The District Collector,
Kanchipuam District, Kanchipuram
2. The Tahsildar,
Tirupporur Taluk,
Kanchipuram District.
3. The Inspector of Police,
Tirupporur Police Station,
Tirupporur, Kanchipuram District.
4. The President,
Sembakkam Village Panchayat,
Tirupporur Taluk, Kanchipuram District.
5. D. Boopalan
6. M. Jayavelu
7. Thiruvengadam ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, forbearing the President, Sembakkam Village Panchayat, Tirupporur Taluk, Kanchipuram District, the 4^th respondent herein from laying any tar road or any pucca road at the land bearing S.No.45, Chettipattu Ramaiyankuppam Village, Sembakkam Panchayat, Tirupporur Taluk, Kanchipuram District belonging to the petitioner and restore the same to its original position.

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For Petitioners : Mr.A.v. Arun For Respondents : Ms. A. Mathumathi, Special Govt. Pleader-for R1 to R3 Mr.J. Prahtaban – for R4 to & R7

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, forbearing the 4^th respondent from laying any road in the land bearing S.No.45, Chettipattu Ramaiyankuppam Village, Sembakkam Panchayat, Tirupporur Taluk, Kanchipuram District, belonging to the petitioner and to restore the same to its original position.

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It is the case of the petitioner that she along with her husband are in enjoyment of an extent of 2.21 acres of land in Survey No.45 and the 4^th respondent had made an attempt to form a road through the said property at the instance of the respondents 5 to 7. It is also the case of the petitioner that the 4^th respondent has no authority to lay the road without acquiring the land belonging to the petitioner and her husband.

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Ms.A.Mathumathi, learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the official respondents shall not interfere with the petitioner's possession and enjoyment of the land in Survey No.45, except following due process of law.

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Mr.J. Prahtaban, learned counsel appearing for the respondents 4 to 7 submitted that the alleged road is in existence for several years.

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Since the petitioner has averred that the land in question is a patta land belonging to her and her husband, the official respondents cannot interfere with their possession except following due process of law. Further, recording the submission made by the learned Special Government Pleader to the effect hat the officials respondents shall not interfere except following due process of law, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

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Assistant Registrar

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//True Copy//

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Sub Assistant Registrar

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The District Collector, Kanchipuam District, Kanchipuram

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The Tahsildar, Tirupporur Taluk, Kanchipuram District.

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police, Tirupporur Police Station, Tirupporur, Kanchipuram District.

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+1cc to Mr.Arun, Advocate in SR no.28226

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+1cc to Government Pleader in SR no.28123

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W.P.No.26297 of 2013 and M.P.No.1 of 2013

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MG (CO) RV (08/09/2020)

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https://hcservices.ecourts.gov.in/hcservices/

E.Sampathkumari, v. the District Collector

Case brief

What is this about?

What did the court decide?

E.Sampathkumari, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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