Allowed

Chandrasekaran.K v. The District Collector

Madras HC18 Dec 2023WP(MD)/705/2023

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing the Respondents to lay a cart track after conducting a survey and ensuring consistent dimensions. The Court found the petitioner's requests reasonable, directing the authorities to complete the survey and direct the removal of the petitioner's fence to facilitate the track.

What did the court decide?

Directed Respondents to conduct survey and lay cart track with constant dimensions; ordered petitioner to remove fence immediately.

Chandrasekaran.K Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P(MD)No.705 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.12.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.705 of 2023 and W.M.P.(MD)No.704 of 2023

K.Chandrasekaran

... Petitioner

Vs.

1.The District Collector, Dindigul District, Dindigul.

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2.The Tahsildar, Vedasandur Taluk, Dindigul District.

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3.The Block Development Officer, Vedasandur Panchayat Union, Vedasandur, Dindigul District.

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4.The Taluk Surveyor, Vedasandur Taluk, Dindigul District.

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5.The President, Malvarpatti Village, Vedasandur Taluk, Dindigul District. ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.705 of 2023

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Prayer :

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Prayer : Writ Petition filed under Article 226 of the Constitution of

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India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to lay cart track on the existing pathway running through Survey Nos.511/1B1 situated at Malvarpatti Village, Vedasandur Taluk, Dindigul District after conducting necessary Survey by considering the petitioner's Representation dated 25.11.2022.

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For Petitioner : Mr.J.Lawrance

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For Respondents : Mr.M.Sidharthan, Addl. Govt. Pleader for R1, R2, R4 & R5. Mr.R.Ragavendran, Government Advocate for R3.

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ORDER

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Heard both sides.

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2.The petitioner is owning lands in Malvarpatti Village, Vedasandur

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Taluk. It appears that through his lands “Nilaviyal Paathai” is running. The authorities are proposing to lay road.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.705 of 2023

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3.The grievance of the petitioner is two fold. (a) Proper survey must be undertaken in his presence before any cart track is laid. (b) The dimensions of the cart track namely its width should not suddenly increase when it comes to his lands.

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4.I find both the requests of the petitioner to be reasonable. The dimension of the cart track should be remain constant from the beginning point till the end point. Survey shall also be done. By adhering to the aforesaid two directions, cart track can be laid. The petitioner is directed to remove the fence forthwith and without delay.

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5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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18.12.2023

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.705 of 2023

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G.R.SWAMINATHAN, J.

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ias

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To:-

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1.The District Collector, Dindigul District, Dindigul.

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2.The Tahsildar, Vedasandur Taluk, Dindigul District.

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3.The Block Development Officer, Vedasandur Panchayat Union, Vedasandur, Dindigul District.

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4.The Taluk Surveyor, Vedasandur Taluk, Dindigul District.

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5.The President, Malvarpatti Village, Vedasandur Taluk, Dindigul District.

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W.P(MD)No.705 of 2023

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18.12.2023

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4/4

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https://www.mhc.tn.gov.in/judis

Chandrasekaran.K v. The District Collector

Case brief

What is this about?

What did the court decide?

Chandrasekaran.K 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

Case details

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