Madras High Court
S.Kannan vs The District Collector on 11 September, 2023
WP(MD)No.16502 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.16502 of 2022
and
WMP(MD)No.11928 of 2022
S.Kannan .. Petitioner
v.
1.The District Collector,
O/o.District Collector,
Ramanathapuram District.
2.The Block Development Officer,
Nainar Koil Union Office,
Paramakudi Taluk,
Ramanathapuram District.
3.The Panchayat President,
Pakaivendri Village,
Vallam Post,
Nainarkoil (Via),
Paramakudi Taluk,
Ramanathapuram District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the respondents 1 & 2 to
1/6
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WP(MD)No.16502 of 2022
pay compensation to the petitioner and his family members for illegally
forming the road in the patta land of the petitioner to an extent of east –
west 9 feet out of 12 feet and south – north 220 feet approximately situated
in S.No.119/2B, Pakaivendri Village, Paramakudi Taluk, Ramanathapuram
District, by considering the petitioner's representation dated 15.07.2022.
For Petitioner : Mr.S.Siva Thilakar
For Respondents : Mrs.D.Farjana Ghoushia,
Special Government Pleader
for R.1
Mr.V.Nirmalkumar,
Government Advocate
for R.2
Mr.Jarin Mathew
for R.3
*****
ORDER
The grievance of the petitioner is that at the instance of one Rasu, the
third respondent / Panchayat President has laid a road on his patta land in
S.No.119/2B. Therefore, the petitioner has made a representation for
compensation before the District Collector / Inspector of Panchayat on
15.07.2022 and thereafter, filed this writ petition.
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WP(MD)No.16502 of 2022
2.Learned Counsel for the petitioner submitted that one Rasu has
attempted to encroach upon the petitioner's land and therefore, the
petitioner has filed a suit against the said Rasu and others in O.S.No.23 of
2015 before the District Munsif Court, Paramakudi. The learned District
Munsif passed an order declaring that the land belongs to the petitioner and
also granted an order of permanent injunction as against the defendants in
the suit. The said Rasu and others filed A.S.No.11 of 2019 before the Sub
Court, Paramakudi, as against the judgment and decree passed in O.S.No.
23 of 2015 and the appeal was dismissed by the first appellate Court.
Thereafter, the defendants in the suit have approached the third
respondent / Panchayat President and on their instigation, the third
respondent has laid the road.
3.Learned Special Government Pleader appearing for the first
respondent / District Collector sought time.
4.Learned Counsel for the third respondent / Panchayat President
submitted that they have not laid any road in the petitioner's land.
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WP(MD)No.16502 of 2022
5.This Court considered the submissions made on either side and
perused the available materials.
6.The petitioner claims that the third respondent, at the instigation of
the defendants in the suit in O.S.No.23 of 2015, has laid the road in his
patta land. However, the learned Special Government Pleader is not having
any instructions with regard to the same. The learned Counsel for the third
respondent disputed that it is not the petitioner's land where the road has
been laid.
7.In view of the same, this writ petition is disposed of with a
direction to the petitioner to approach the jurisdictional Tahsildar by
paying necessary fee for conducting survey with regard to his land, within
a period of two weeks from the date of receipt of a copy of this order. On
receipt of the same, the Thasildar shall instruct the Survey Officer
concerned to conduct the survey, after affording opportunity of hearing to
this petitioner and the third respondent, within a further period of eight
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WP(MD)No.16502 of 2022
weeks therefrom. Based on the report of the Survey Officer, the petitioner
shall work out his remedy in the manner known to law.
There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
Index : Yes / No 11.09.2023
NCC : Yes / No
Internet : Yes
gk
To
1.The District Collector,
O/o.District Collector,
Ramanathapuram District.
2.The Block Development Officer,
Nainar Koil Union Office,
Paramakudi Taluk,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
WP(MD)No.16502 of 2022
B.PUGALENDHI, J.
gk
WP(MD)No.16502 of 2022
11.09.2023
https://www.mhc.tn.gov.in/judis
