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2021 Supreme(Online)(MAD) 5836

HIGH COURT OF MADRAS
Hon`ble Mr Justice C. SARAVANAN
Arulmigu Pidari Amman – Appellant
Versus
The Commissioner – Respondent


O R D E R

This Writ Petition has been filed seeking for a direction to the respondents to direct the respondents 1 and 2 to forbear the respondents from laying a road on land in S.No.205 measuring around 1.08 acres, Nolambur Village, West Mogappair, Chennai 600 037.

2. The 3rd respondent has filed the counter affidavit, in which it is stated that they have also received another representation of the petitioner dated 06.10.2016, which is after filing of the writ petition addressed to the Tahsildar, Maduraoyal Taluk to earmark the boundaries of the road. In this connection, a letter has also been addressed to the Village Administrative Officer, Adayalampattu Panchayat requesting to furnish the patta, chitta and FMB sketch with regard to the land in S.No.205 Nolambur Village.

3. The 3rd respondent has also stated that 1st respondent, Chennai Corporation has not laid down any road within the temple property as alleged by the petitioner. Since there are only disputed questions of fact relating to the extracted exchange of the land on the 1st respondent had proposed to lay road, no finding can be given on the same.

4. Considering the same, I am inclined to direct the respondents to consider

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