Disposed

K.S.Haridoss v. The District Collector

Madras HC7 Oct 2021WP/21718/2021

Case brief

AI extract

What is this about?

Petitioner sought writ direction under Article 226 to stop revenue officials from surveying or laying a road on his patta land pending civil suits with a relative. Court disposed of petition by directing officials to consider petitioner's representation and pass orders on merits within twelve weeks.

What did the court decide?

The Writ Petition is disposed with a direction to the respondents to consider the petitioner's representation dated 02.09.2021 and pass appropriate orders on merits within twelve weeks after issuing n

K.S.Haridoss Vs The District Collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.10.2021

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CORAM:

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THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

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W.P.No. 21718 of 2021 and W.M.P.No.22897 of 2021

K.S.Haridoss

...Petitioner

Vs.

The District Collector, Office of the District Collector, Thiruvannamalai District.

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The Revenue Divisional Officer, Office of RDO,

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Cheyyar, Thiruvannamalai District.

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The Tahsildar, Office of the Tahsildar, Vandavasi, Thiruvannamalai District.

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The Pirka Surveyor, Office of the Surveyor, KilKodungalur Village, Vandavasi Taluk, Thiruvannamalai District.

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K.S.Karthikeyan

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...Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 02.09.2021 to take suitable action not to act on the demands of 5th respondent herein and not to do any survey activities or lay road in the petitioner's patta land comprised in Survey Nos.78/2B & 78/2C of Kilpakkam Village, Vandavasi Taluk, Thiruvannamalai District.

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For Petitioner : Mr.V.R.Appaswamee For RR1 to 4 : Mr.Yogesh Kannadasan Government Advocate

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

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ORDER

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This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 02.09.2021 to take suitable action not to act on the demands of the fifth respondent herein and not to do any survey activities or lay road in the petitioner's Patta land comprised in Survey Nos.78/2B & 78/2C of Kilpakkam Village, Vandavasi Taluk, Thiruvannamalai District.

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The case of the petitioner is that as per the family arrangements, the properties in the name of his mother was settled in favour of the petitioner. Moreover, another properties in the name of his father was settled in favour of his brother namely Karthikeyan/5th respondent. The property in Survey Nos.78/2B & 78/2C of Kilpakkam Village, Vandavasi Taluk, Thiruvannamalai District, which was allotted to the petitioner and had a well and the family members have also decided to allot a fund to the 5th respondent to dig a well for his exclusive use in his property and Survey No.78/2C was not allotted to the 5th respondent. In the meantime, as a temporary arrangement the right of taking water from his existing well i.e., in Survey No.78/2C through pipeline to other adjacent land of 5th respondent for which a deed was also executed in favour of the 5th respondent herein. Even after the process of digging a well in the 5th respondent's property, the fifth respondent herein was called by the petitioner to cancel the deed for temporary arrangement but the fifth respondent had failed to come forward to do so. Therefore, the fifth respondent filed a suit in O.S.No.138 of 2018 against the petitioner. Inturn the petitioner filed a suit in O.S.No.175 of 2018 against the fifth respondent, both the suits are pending before the District Munsif Court, Vandavasi in which, the Tahsildar, Vandavasi as a party to the proceedings as defendant in the suit. On the influence of the Revenue Officials, the fifth respondent has to lay a public road in the petitioner's property with the help of the fifth respondent herein to reach the well situated in his land. Hence, the petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence this petition.

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The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents 1 to 4 to consider the petitioner's representation dated 02.09.2021 and dispose of the same within a stipulated time that may be framed by this Court.

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

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Having regard to the limited scope of the prayer that is

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now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents 1 to 4 to consider the petitioner's representation dated 02.09.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and necessary parties concerned within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.

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s/d-

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Assistant Registrar

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True Copy Sub-Assistant Registrar

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gba/msm To 1. The District Collector, Office of the District Collector, Thiruvannamalai District. 2. The Revenue Divisional Officer, Office of RDO, Cheyyar, Thiruvannamalai District. 3. The Tahsildar, Office of the Tahsildar, Vandavasi, Thiruvannamalai District. 4. The Pirka Surveyor, Office of the Surveyor, KilKodungalur Village, Vandavasi Taluk, Thiruvannamalai District. +1 CC to Mr.V.R.Appaswamee, Advocate sr 52582. +1 CC to The Government Pleader sr 53197. W.P.No.21718 of 2021 and

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W.M.P.No.22897 of 2021

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RSV(CO) SP(09/11/2021)

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

K.S.Haridoss v. The District Collector

Case brief

What is this about?

What did the court decide?

K.S.Haridoss v. The District Collector

Case brief

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