Disposed

S.Settu v. The District Collector

Madras HC24 Jul 2023WP/5139/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 challenging road construction without prior survey of petitioner's lands, the Court noted notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. The Court satisfied itself that authorities have initiated proceedings and will dispose of survey applications expeditiously.

What did the court decide?

Writ petition disposed of; no writ issued. Connected case closed. No costs.

S.Settu Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P. No. 5139 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.07.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P. No. 5139 of 2023 and

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W.M.P. No. 5144 of 2023

S.Settu

.. Petitioner

-vs-

The District Collector Master Plan Complex Collectorate Office Villupuram – 605 602.

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The Tahsildar Melmalaiyanur Taluk Villupuram District – 604 204.

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The Block Development Officer Melmalaiyanur Panchayat Union Villupuram District – 604 204.

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M.Dhanalakshmi

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from constructing any permanent structure in the Public Road, comprised in Survey No. 175/9, Kalathampattu Village, Villupuram District, without surveying the lands and house in occupation of the petitioner comprised in Survey Nos. 175/11 and 175/12 and 175/9 in view of the petitioner's representation dated 19.12.2022.

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Page 1 of 4

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W.P. No. 5139 of 2023

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For the Petitioner : Mrs. Karthikaa Ashok For the Respondents : Mrs. R.Anitha, SGP (R1 & R2) Mr. P.Muthukumar (R3) State GP R4-No appearance

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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We have heard Mrs.Karthikaa Ashok, learned counsel, for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for the third respondent; and Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 2.

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The learned counsel for the petitioner submits that the only request the petitioner has made in the present writ petition is that the respondents shall not lay down the road without surveying the lands and house in occupation of the petitioner in Survey Nos.175/11, 175/12 and 175/9 and marking the boundaries and demarcating the lands in Survey Nos.175/11 ad 175/12 and 175/9.

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Page 2 of 4

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W.P. No. 5139 of 2023

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The Government has already issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 to the petitioner. The petitioner has also submitted his explanation and thereafter, notice/order under Section 6 of the Act has also been issued and the same is acted upon. If the petitioner is of the view that the survey needs to be conducted, the petitioner also can make an application for measurement of the properties. In case the petitioner makes an application for survey of the lands, the authority shall consider the application for survey and take a decision upon it expeditiously.

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With these observations, the writ petition stands disposed of. No costs. Connected, W.M.P.No.5144 of 2023 is closed.

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(S.V.G., CJ.) (P.D.A., J.) 24.07.2023

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Index : yes/no Neutral Citation : Yes/No

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Maya

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Page 3 of 4

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W.P. No. 5139 of 2023

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THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

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( Maya )

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To:

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The District Collector Master Plan Complex Collectorate Office Villupuram – 605 602.

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The Tahsildar Melmalaiyanur Taluk Villupuram District – 604 204.

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The Block Development Officer Melmalaiyanur Panchayat Union Villupuram District – 604 204.

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W.P. No. 5139 of 2023

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24.07.2023

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Page 4 of 4

S.Settu v. The District Collector

Case brief

What is this about?

What did the court decide?

S.Settu 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

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