Madras High Court
Manjula vs The District Collector on 26 September, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.27852 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.27852 of 2024 and
WMP.No.30364 of 2024
Manjula ... Petitioner
Vs.
1.The District Collector,
Krishnagiri District,
Krishnagiri, Tamil Nadu
2.The Sub-Collector,
Hosur Sub-Division,
Hosur, Krishnagiri District
3.The Tahsildar,
Shoolagiri Taluk Office,
Shoolagiri, Krishnagiri District
4.The Block Development Officer,
Shoolagiri, Krishnagiri District
5.The Village Administrative Officer,
Berigaim K.N.Doddi Village,
Shoolagiri Taluk, Krishnagiri District ... Respondents
PRAYER:
Writ Petition is filed under Article 226 of Constitution of India
praying to issue a writ of mandamus directing the respondents herein not
to proceed with formation of road in the petitioner's private land
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https://www.mhc.tn.gov.in/judis
W.P.No.27852 of 2024
comprised in S.No.17/2B, Berigai Village, Shoolagiri Taluk, Krishnagiri
District.
For Petitioner : Mr.Adarsh Subramanian
For Respondents
For R1 to 3 : Mr.V.Manoharan,
Additional Government Pleader
For R4 : Mr.U.Baranidaran,
Additional Government Pleader
ORDER
This writ petition has been filed for direction to the respondents not to proceed with formation of road in the petitioner's private land comprised in survey No.17/2B situated at Berigai Village, Shoolagiri Taluk, Krishnagiri District.
2. The petitioner is an agriculturist and owns land comprised in survey Nos.17/2A, 17/2B and 17/2C admeasuring 1 acre 46 cents situated at Berigai Village, Shoolagiri Taluk, Krishnagiri District. Patta was also issued for the said land. After demise of her husband, the petitioner and her children were issued patta for the subject property. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.27852 of 2024 While being so, the fourth respondent determined to form road over the property comprised in survey no.17/2B. Without any prior intimation, the fourth respondent marked portion of his patta land for formation of road. In the same area, there is another road used by the general public and as such, absolutely there is no necessity for formation of new road.
3. On instruction, the learned counsel for the respondents submitted that though it is a patta land, as per the revenue records, there is 'poosthithi pathai' going through the land comprised in survey No.17/2B situated at Berigai Village, Shoolagiri Taluk, Krishnagiri District. Therefore, though the petitioner is the owner of the land, she cannot prevent to lay road above the poosthithi pathai.
4. On perusal of photograph produced by the petitioner, it clearly shows that there is a mud road, in which now the respondents have intended to lay a pucca tar road. In fact, the petitioner is also using the said road for her brick chamber. That apart, already the petitioner filed suit in OS.No.15 of 2019 on the file of the District Munsif Court, 3/6 https://www.mhc.tn.gov.in/judis W.P.No.27852 of 2024 Hosur for the very same relief. After dismissal of the interim injunction petition, the petitioner filed this writ petition. Further, on perusal of the counter filed by the respondents in the said suit, revealed that the petitioner is in possession and enjoyment of the land comprised in survey No.17/2A, 17/2C. Insofar as survey No.17/2B, it is mentioned as poosthithi pathai as per the revenue records and the petitioner or her ancestor were never in possession and enjoyment of the subject property. There is already existing mud road and now the mud road is used by general public.
5. Therefore, the prayer sought for in this writ petition cannot be considered. As such, this writ petition is devoid of merits and the same is liable to be quashed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
26.09.2024 Neutral citation:Yes/No Index: Yes/No Speaking/Non-speaking order lok 4/6 https://www.mhc.tn.gov.in/judis W.P.No.27852 of 2024 To
1.The District Collector, Krishnagiri District, Krishnagiri, Tamil Nadu
2.The Sub-Collector, Hosur Sub-Division, Hosur, Krishnagiri District
3.The Tahsildar, Shoolagiri Taluk Office, Shoolagiri, Krishnagiri District
4.The Block Development Officer, Shoolagiri, Krishnagiri District
5.The Village Administrative Officer, Berigaim K.N.Doddi Village, Shoolagiri Taluk, Krishnagiri District 5/6 https://www.mhc.tn.gov.in/judis W.P.No.27852 of 2024 G.K.ILANTHIRAIYAN, J.
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