Madras High Court
V.G.Dhanasekaran vs The District Collector on 27 January, 2023
Writ Petition No.1490 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27/1/2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition No.1490 of 2023
V.G.Dhanasekaran ... Petitioner
Vs
1. The District Collector
O/o The District Collector
Thiruvannamalai 606 601
Thiruvannamalai District.
2. The Block Development Officer
Panchayat Union Office
Arni 632 301
Thiruvannamalai District.
3. The Block Development Officer
(Village Panchayat)
Panchayat Union Office
Arni 632 301
Thiruvannamalai District.
4. The Tahsildar
O/o The Tahsildar
Arni 632 301.
Thiruvannamalai District.
https://www.mhc.tn.gov.in/judis
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Writ Petition No.1490 of 2023
5. The President
Villai Village Panchayat
Nesal Post
Arni Talk 632 316
Tiruvanamalai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of mandamus to direct the respondents to
remove the Cement road laid in the petitioner land situated in S.No.80/7 acre
1.90 in which 0.07 cent and in S.No.80/6 in w hich 1 ¾ cent in total 8 ¾ cent
to a total extent of 3815 sq.ft in Villai Panchayat, Nesal Group Arni,
Thiruvannamalai District by considering the representation of the petitioner
dated 11/1/2020.
For Petitioner ... Mr.R.Amardeep
For respondents ... Mrs.R.Anitha
Special Government Pleader
-----
ORDER
This writ petition has been filed to direct the respondents to remove
the Cement road laid in the petitioner land situated in S.No.80/7 acre 1.90 in
which 0.07 cent and in S.No.80/6 in w hich 1 ¾ cent in total 8 ¾ cent to a
total extent of 3815 sq.ft in Villai Panchayat, Nesal Group Arni,
Thiruvannamalai District by considering the representation of the petitioner,
dated 11/1/2020.
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Writ Petition No.1490 of 2023
2. It is the case of the petitioner that during the year 2011, the
petitioner has filed a writ petition, to quash the impugned award, dated
3/6/2011, passed by the first respondent. At the time of disposal of the writ
petition, the first respondent has taken a stand that they have taken a
decision not to acquire the land of the petitioner. Since the cement road laid
by the respondents was not removed by the respondents, petitioner had
obtained decree and judgment, dated 27/11/2018, in O.S.No.80 of 2009, for
the relief of declaration and mandatory injunction. The District Munsif,
Arni, by way of mandatory injunction, directed the respondents to remove
the cement road laid by the respondents, within a period of six months, from
the date of the decree.
3. Based on the above, the petitioner had made a representation, dated
11/1/2020, to the respondents to take immediate steps to remove the cement
road laid by the respondents. By an order, dated 5/2/2020, first respondent
had directed the second respondent to take necessary action. Since no action
has been taken by the second respondent, the petitioner has come forward
with the instant writ petition praying for the relief as stated therein.
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Writ Petition No.1490 of 2023
4. Heard Mr.R.Amardeep, learned counsel for the petitioner and
Mrs.R.Anitha, learned Special Government Pleader for the respondents.
5. Learned Special Government Pleader appearing for the
respondents submitted that road has been laid on the petitioner's property.
Now, the officials are trying to solve the problem by way of negotiation with
the petitioner. If the petitioner appears before the authorities, they will
consider the grievance of the petitioner either for grant of compensation or
to allot an alternative land.
6. Submission of the learned Special Government Pleader is recorded.
7. Learned counsel appearing for the petitioner submitted that the
petitioner is willing to appear before the respondents.
8. Accordingly, the petitioner is directed to appear before the
respondents within a period of one week from today. On such appearance,
the respondents shall consider the case of the petitioner, for either to pay
certain amount as compensation or to allot an alternative land, within a
period of two months, thereafter.
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Writ Petition No.1490 of 2023
9. With the above direction, this writ petition is disposed of. No
costs.
27/1/2023
mvs.
Index : Yes / No
Internet: Yes
Speaking/non speaking order
Neutral Citation: Yes/No
To
1. The District Collector
O/o The District Collector
Thiruvannamalai 606 601
Thiruvannamalai District.
2. The Block Development Officer
Panchayat Union Office
Arni 632 301
Thiruvannamalai District.
3. The Block Development Officer
(Village Panchayat)
Panchayat Union Office
Arni 632 301
Thiruvannamalai District.
4. The Tahsildar
O/o The Tahsildar
Arni 632 301.
Thiruvannamalai District.
5. The President
Villai Village Panchayat
Nesal Post
Arni Talk 632 316
Tiruvanamalai District.
https://www.mhc.tn.gov.in/judis
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Writ Petition No.1490 of 2023
N.SATHISH KUMAR,J
mvs.
W.P.No.1490 of 2023
27/1/2023
https://www.mhc.tn.gov.in/judis
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