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1992 Supreme(Mad) 525

K.S.BAKTHAVATSALAM
S. Shanmugha Sundaram – Appellant
Versus
Collector of Kamarajar Dist. and Others – Respondent


Appearing Advocates:S. K. Sundaram, V. Subbarayan, K. Atlagiriswami, R. Kannan, N.V.V. Krishnan, Advocates.

Judgment :-

The Order of the Court was as follows :

When the miscellaneous petition came up for hearing, by consent of both parties, the main writ petition is taken up for final disposal.

2. The petitioner has come up to this Court praying to issue a writ of mandamus directing respondents 1 and 2 not to put up any bore well in S. No. 275/1 of Konnur village, Srivilliputhur taluk Kamarajar district which is a public pathway.

3. The petitioner is an agriculturist and he owns nearly 15 acres of land, as alleged by him at Konnur village, Srivilliputhur taluk. The petitioner alleges that survey number 275/1 is a road intended for movement of vehicles, carts etc., that the said road runs for about 4-1/2 kilometers and that on both sides of the road there are agricultural lands cultivating paddy, sugarcane and chilly etc. The petitioner also alleges that the said road connecting the said Konnur village with Watrap used for transporting fertilisers, seeds, seeds, paddy and sugarcane, that it is in existence for more than 60 years and that it is about 13 feet in width. The petitioner also alleges that near his land on the public road, according to the petitioner, which bears S. No. 275/1, the















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