Madras High Court
S.Paramasivam vs The District Collector on 13 July, 2021
Author: V.Bharathidasan
Bench: V.Bharathidasan
W.P.No.18408 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.18408 of 2020
and
W.M.P.No.22807 of 2020
S.Paramasivam .. Petitioner
Vs.
1. The District Collector,
Erode District.
2. Chief Educational Officer,
Chief Educational Office,
Old Railway Station Road,
Marappalam, Erode - 638 001.
3. Block Development Officer,
Kodumudi Block Development Officer (Union Office),
Kodumudi, Erode District - 638 104.
4. The Thasildar,
Kodumudi Tahsildar Office,
Erode District - 638 104.
5. The President,
Anjur Village Panchayat,
Kodumudi Taluk,
Erode District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
https://www.mhc.tn.gov.in/judis/
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W.P.No.18408 of 2020
seeking a Writ of Mandamus directing the respondents not to proceed in any
manner putting up the construction of the compound wall in the newly
subdivided Survey No.125/2 & 125/5 in Anjur Village of Kodumudi Taluk,
Erode District which is classified as "Salai" in "A" Register and
consequently direct the respondents to restore the said Government Land in
Survey No.125/2 as per 'A' Register of Village Administrative Officer, Anjur
Village, Kodumudi Taluk, which is classified as "Salai" so as to enable the
petitioner to use the entire road pathway for ingress and exgress to reach the
petitioner's patta land adjacent thereto by considering the petitioner's
representation dated 05.10.2020.
For Petitioner : Dr.R.Gouri
For Respondents : Mr.Yogesh Kannadasan,
Government Advocate
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ORDER
(The case has been heard through video conference) Writ petition has been filed seeking a direction to the respondents not to proceed in any manner putting up the construction of the compound wall in the newly subdivided Survey No.125/2 & 125/5 in Anjur Village of Kodumudi Taluk, Erode District which is classified as "Salai" in "A" Register and consequently direct the respondents to restore the said Government Land in Survey No.125/2 as per 'A' Register of Village https://www.mhc.tn.gov.in/judis/ 2/7 W.P.No.18408 of 2020 Administrative Officer, Anjur Village, Kodumudi Taluk, which is classified as "Salai" so as to enable the petitioner to use the entire road pathway for ingress and exgress to reach his patta land adjacent thereto by considering the petitioner's representation dated 05.10.2020.
2. According to the petitioner the land in survey number 125/2 measuring an extent of 0.56.0 ares, has been classified as 'salai' in the revenue records and the petitioner is using the same as ingress and exgress to his land. According to the petitioner, the respondents tried to put up a compound wall and prevent the petitioner from using the road. Hence the petitioner made a representation to the authorities and as the authorities have not considered his representation he filed the present writ petition.
3. The fourth respondent Tahsildar filed a counter affidavit stating that the total extent of land in R.S.No.125/2 is 0.56.0 hectares, which is classified as Government Salai Poramboke, subsequently there was a sub division for road purpose in 125/2 measuring an extent of 0.26.0 hectares and R.S.No.125/5 measuring an extent of 0.30.0 hectares has been transferred to the education department for construction of a high school in Karavalasu village. So far as survey No.125/2 is concerned, it is left for road purpose https://www.mhc.tn.gov.in/judis/ 3/7 W.P.No.18408 of 2020 and classified as Government salai poramboke, further the Union Engineer concerned had technically opined that the extent left for the road was sufficient for the road purpose and the local body concerned also had agreed to form the road in the above said survey number, the remaining area is allotted for school purpose. The relevant paragraph Nos.4 and 8 of the counter affidavit is extracted hereunder:
"4. It is submitted that out of the total extent of 0.56.0 Hectares in the subject land, an extent of 0.26.0 Hectares was left for the road purpose and classified as Government Salai Poramboke. The Union Engineer concerned had technically opined that the extent left for the road was sufficient for the road purpose and also the local body concerned had agreed to form the road on the extent of 0.26.0 hectares.
***
8. On the good selves of the public the land bearing R.S.No.125/2-0.56.0 Hectares was not fully used and subdivided for the road purpose as R.S.125/2-0.26.0 Hectares and R.S.No.125/5-0.30.0 Hectares for the school purpose. All the public residing around the subject land has been using the land classified as road without any objection. But only the petitioner has objected and filed this writ https://www.mhc.tn.gov.in/judis/ 4/7 W.P.No.18408 of 2020 without prima facie that too after 4 years."
4. Heard the learned counsel on either side and perused the records carefully.
5. Perusal of the counter affidavit filed by the fourth respondent would show that now the land has been sub divided and that was not challenged by anybody, and S.No.125/2 all along remained as a road and the local body has also agreed for forming a road in the above said survey number and all the general public can use that road. In such circumstances, as the respondents have agreed to provide road in S.No.125/2, petitioner can use the road, no further order is required in this writ petition and with the above observations the writ petition is closed. Consequently, the connected miscellaneous petition is closed. No costs.
13.07.2021 kk To
1. The District Collector, Erode District.
https://www.mhc.tn.gov.in/judis/ 5/7 W.P.No.18408 of 2020
2. Chief Educational Officer, Chief Educational Office, Old Railway Station Road, Marappalam, Erode - 638 001.
3. Block Development Officer, Kodumudi Block Development Officer (Union Office), Kodumudi, Erode District - 638 104.
4. The Thasildar, Kodumudi Tahsildar Office, Erode District - 638 104.
5. The President, Anjur Village Panchayat, Kodumudi Taluk, Erode District.
https://www.mhc.tn.gov.in/judis/ 6/7 W.P.No.18408 of 2020 V.BHARATHIDASAN, J.
kk W.P.No.18408 of 2020 and W.M.P.No.22807 of 2020 13.07.2021 https://www.mhc.tn.gov.in/judis/ 7/7