Madras High Court
A.Arjunapillai vs The District Collector on 2 January, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
Writ Appeal No.725 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02.01.2024
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal No.725 of 2014
and M.P.No.1 of 2014
A.Arjunapillai ... Appellant
Vs
1. The District Collector,
Kancheepuram District,
Kancheepuram.
2. The Tasildhar,
Maduranthagam Taluk,
Maduranthagam,
Kancheepuram District.
3. The Block Development Officer (Village Panchayat),
Maduranthagam,
Kancheepuram District.
4. Village Panchayat President,
Murukkampakkam Village & Post,
Maduranthagam Taluk,
Kancheepuram District.
5. Commissioner,
Maduranthagam Panchayat Union,
Maduranthagam Taluk,
Kancheepuram District. .. Respondents
https://www.mhc.tn.gov.in/judis
Page No.1/8
Writ Appeal No.725 of 2014
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set
aside the order dated 17.03.2014 made in W.P.No.23584 of 2013.
For Appellant : Mr.M.Gnanasekar
For Respondents : Mr.R.Kumaravel
Additional Govt. Pleader [R1 & R2]
Mr.P.Chinnadurai [R3 & R6]
No appearance [R4 & R5]
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR,J.)
This Writ Appeal has been directed against the order passed by the
Writ Court dated 17.03.2014 made in W.P.No.23584 of 2013.
2. With regard to survey No.192/12 at Murukkambakkam Village,
Mathuranthagam Taluk, it is a claim of the petitioner/appellant that, he
has been in possession and enjoyment of the property for several decades
though admittedly it is a Government poromboke land. For the said land
seeking patta, the petitioner/appellant had given a representation on
15.10.2012 to the Sub Collector, Mathuranthagam, which according to
the learned counsel appearing for the appellant is still pending without
taking any decision.
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3. In the meanwhile, Village Panchayat seems to have made a
proposal to lay a road connecting this village with some other villages
across various land including the subject land i.e., aforestated survey
number, for which a tender has been called for.
4. Aggrieved over the same, challenging the tender, the appellant
has filed the aforestated writ petition and the said writ petition having
been considered was rejected by the learned Judge saying that, the Court
already given a direction in W.P.No.21508 of 2009 to remove the
encroachment and according to the respondents in compliance of the
same, the encroachment was removed, thereafter once again the
petitioner/appellant cannot have any legal basis to challenge the
impugned tender notice before the Writ Court, which propose to lay a
road for the uses of the general public. By citing this reason, the learned
Judge has rejected the writ petition, as against which the present appeal
has been directed.
5. Heard Mr.M.Gnanasekar, learned counsel appearing for the
appellant, Mr.R.Kumaravel, learned Additional Government Pleader
appearing for the respondents 1 and 2 and Mr.P.Chinnadurai, learned
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counsel appearing for the Panchayat Union as well as the Block
Development Officer.
6. The learned Additional Government Pleader appearing for the
respondents 1 and 2 would contend that the land in question admittedly
does not belong to the petitioner/appellant, therefore, he cannot have any
grievances over the proposal of the local bodies to lay a road.
7. However, Mr.M.Gnanasekar, learned counsel appearing for the
appellant would contend that, unless his plea to get patta for the land in
question is decided by the Revenue Authorities, the further course of
action to lay a road as proposed by the local bodies cannot be proceeded
further.
8. Insofar as the said stand taken by the learned counsel appearing
for the appellant is concerned, no doubt he has given a representation on
15.10.2012 to the Sub-Collector concerned and till date according to the
learned counsel appearing for the appellant/petitioner it has not been
decided and no document to that effect has been filed on behalf of the
respondents to establish that the plea raised by the petitioner to get patta
has been considered and was disposed of.
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9. When that being the position, taking into account of the
circumstances of the case, we are inclined to dispose of this appeal with
the following orders:
That there shall be a direction to the Sub-Collector,
Mathuranthagam to consider the representation submitted by the
appellant dated 15.10.2012 with regard to the plea to get patta for
the Survey No.192/12 at Murukkambakkam Village,
Mathuranthagam Taluk and decide the same on merits and in
accordance with law within a period of eight(8) weeks from the
date of receipt of a copy of this order.
The petitioner is directed to send a copy of this order along with
the copy of the representation dated 15.10.2012 to the Sub-
Collector, Mathuranthagam for the aforesaid compliance.
It is needless to mention that depending upon the outcome of the
decision to be made by the Sub-Collector, Mathuranthagam, the
further course of action with regard to the impugned proposal to
lay a road across the land including the subject land can be decided
by the local authorities. Till such time no further precipitative
action can be taken by them.
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10. With these directions and observations, this writ appeal is
disposed of. No costs. Connected miscellaneous petition is closed.
(R.S.K.,J.) (K.B., J.)
02.01.2024
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
Note: Since the Sub-Collector, Mathuranthagam is not a party to this lis,
a copy of this order be communicated to the Sub-Collector,
Mathuranthagam for necessary compliance.
To
1. The District Collector,
Kancheepuram District,
Kancheepuram.
2. The Tasildhar,
Maduranthagam Taluk,
Maduranthagam,
Kancheepuram District.
3. The Block Development Officer (Village Panchayat),
Maduranthagam,
Kancheepuram District.
4. Village Panchayat President,
Murukkampakkam Village & Post,
Maduranthagam Taluk,
https://www.mhc.tn.gov.in/judis
Kancheepuram District.
5. Commissioner,
Maduranthagam Panchayat Union,
Maduranthagam Taluk,
Kancheepuram District.
6. The Sub-Collector,
Mathuranthagam Taluk,
Kancheepuram District.
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R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
mp
02.01.2024
https://www.mhc.tn.gov.in/judis
