Dismissed

Palli Konda Perumal .N v. the District Collector

Madras HC4 Apr 2022WP(MD)/2855/2022

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the Madurai Bench of the Madras High Court directed the third respondent to consider the petitioner's representation dated 11.01.2022 regarding relaying a road on adjacent Government Poramboke land, maintain status quo, and pass final orders within eight months after affording a fair hearing.

What did the court decide?

The third respondent is directed to consider the petitioner's representation dated 11.01.2022, maintain status quo, and pass final orders on merits within eight months after affording a fair hearing.

Palli Konda Perumal .N Vs the District Collector — Land Acquisition | Madras HC (2022)

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W.P.[MD]No.2855 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.04.2022 CORAM:

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2855 of 2022

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N.Palli Konda Perumal

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... Petitioner

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/Vs./

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The District Collector, Collectorate Building, Korampallam, Thoothukudi.

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The Tahsildar, Taluk Office, Srivaikundam, Thoothukudi District.

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The Block Development Officer, Karungulam, Seidhunganallur, Thoothukudi District.

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The President, Village Panchayat, Vallakulam, Thoothukudi District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to re-lay the street running south north on the eastern side of petitioner's land comprised in S.No.622 of Mallal pudhukulam village, Srivaikundam Taluk, Thoothukudi District, in the adjacent Government Purambok Land based on petitioner's representation dated 11.01.2022.

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For Petitioner : Mr.S.Senthil Sankaranatha Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 & R2 : Mr.Kannan Additional Government Pleader for R3 & R4

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ORDER

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This writ petition has been filed for a Mandamus seeking for a direction to the respondents herein to re-lay the street running https://hcservices.ecourts.gov.in/hcservices/

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W.P.[MD]No.2855 of 2022

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south to north on the eastern side of petitioner's land comprised in S.No.622 of Mallal pudhukulam village, Srivaikundam Taluk, Thoothukudi District, in the adjacent Government Poramboke Land based on petitioner's representation dated 11.01.2022, within a time frame to be fixed by this Court.

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2. It is the case of the petitioner that the aforementioned land comprised in S.No.622 belongs to him and patta has also been issued in his favour. According to him, a road has been laid encroaching upon his property by the respondents. He would also submit that the neighbouring land is Government poramboke land, which can be utilized for re-laying the road. The petitioner has given a representation on 11.01.2022 requesting the respondents to relay the road in the Government poramboke land adjacent to the petitioner's patta land.

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3. Heard Mr.S.Senthil Sankaranatha Kumar, learned Counsel for the writ petitioner, Mr.M.Lingadurai, learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and Mr.Kannan, learned Additional Government Pleader, appearing on behalf of the respondents 3 and 4.

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4. The learned Special Government Pleader, on instructions, would submit that an extent of 17 sq.mtrs., of the petitioner's land has been utilized for laying the road. It is also admitted by him that there is a Government Poramboke land adjacent to the petitioner's land and the respondents are also willing to consider the petitioner's representation dated 11.01.2022 seeking for relaying the road in the Government Poramboke land, after affording an opportunity of hearing to the petitioner. The said statement is recorded.

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5. The learned counsel appearing for the petitioner is also satisfied with the submission made by the learned Special Government Pleader appearing for the respondents 1 and 2.

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6. After recording the submission made by the respective counsels, this Court directs the third respondent to consider the petitioner's representation dated 11.01.2022 requesting the respondents to relay the street running south to north on the eastern side of petitioner's land comprised in S.No.622 of Mallal pudhukulam village, Srivaikundam Taluk, Thoothukudi District, in the adjacent Government poramboke land and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing, within a period of eight (8) months from the date of receipt of a copy of this order. Till the petitioner's representation dated 11.01.2022 is considered and final orders are passed, status quo as on date shall be maintained by the respondents.

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

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W.P.[MD]No.2855 of 2022

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7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

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Assistant Registrar (T&P)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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To 1. The District Collector, Collectorate Building, Korampallam, Thoothukudi. 2. The Tahsildar, Taluk Office, Srivaikundam, Thoothukudi District. 3. The Block Development Officer, Karungulam, Seidhunganallur, Thoothukudi District. 4. The President, Village Panchayat, Vallakulam, Thoothukudi District. +1 CC to M/s.S. SENTHIL SANKARA NATHA KUMAR, Advocate ( SR-16556[F] dated 05/04/2022 ) +1 CC to M/s.SPL.GP ( SR-16704[F] dated 05/04/2022 ) order made in W.P.[MD]No.2855 of 2022 Dated: 04.04.2022 VR(CO) GC(19.04.2022) 3P 7C

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

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Palli Konda Perumal .N v. the District Collector

Case brief

What is this about?

What did the court decide?

Palli Konda Perumal .N v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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