In a writ petition seeking mandamus to restrain respondents from constructing drainage on the petitioner's land without due process, the Court found that the drainage was already laid on government land marked as 'Pathai', thereby removing the petitioner apprehension.
Writ petition dismissed; consequentially connected miscellaneous petition closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.6672 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.6672 of 2021 and W.M.P.(MD)No.5149 of 2021
S.Balsthar
... Petitioner
Vs.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the respondents from constructing the drainage on the middle of the petitioner's patta land situated in S.No.40/3, Sarukani Panchayat, Devakottai, Sivagangai District without https://www.mhc.tn.gov.in/judis
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following due process of law and without adhere the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 within the time period stipulated by this Court.
For Petitioner : Mr.I.Pinaygash For Respondents : Ms.Farjana Ghoushia Special Government Pleader
O RDER
This Writ Petition has been filed for the issue of writ of mandamus forbearing the respondents from putting up a drainage in the patta land belonging to the petitioner without following due process of law.
2.When this writ petition came up for hearing on 21.04.2021, a request was made on the side of the respondents to file counter. This Court while adjourning the case, directed the respondents not to put up the drainage in the patta land belonging to the petitioner.
3.When the matter was taken up for hearing on 16.10.2023, this Court passed the following order:
“ When the matter was taken up for hearing today, the learned counsel appearing on behalf of the petitioner submitted that in total disregard to the interim order passed by this Court on 21.04.2021, the fifth respondent has proceeded to put up a drainage in the Patta land belonging to the petitioner.
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2.The learned Additional Government Pleader is directed to take instructions in this regard.
3.Post this case under the caption “for orders” on 19.10.2023”
4.When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the respondents submitted that the drainage was not laid in the patta land belonging to the petitioner. It was laid only in the place, which has been earmarked as 'Pathai' in the revenue records. The relevant documents were also produced before this Court along with photographs.
5.In view of the above, it is clear that laying of the drainage has already been completed and it has been done only in the land belonging to the Government and therefore, the apprehension raised by the petitioner no longer sustains. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
19.10.2023
NCC : Yes / No Index : Yes/No Internet : Yes/No ta
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W.P.(MD)No.6672 of 2021
N.ANAND VENKATESH, J.
ta
To
W.P.(MD)No.6672 of 2021
19.10.2023
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1 issue framed by the court
Whether the petitioner suffers prejudice as the drainage has already been completed on government land earmarked as 'Pathai' instead of the petitioner's patta land.
2 provisions across 2 enactments
S. Balsthar
The District Collector, Collectorate, Sivagangai District
The District Revenue Officer, O/o. The District Revenue Officer, Sivagangai District
The Tahsildar, Devakottai Taluk, Sivagangai District
The Block Development Officer, Devakottai Taluk, Sivagangai District
The Panchayat President, Sarukani Panchayat, Sivagangai District
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
