BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.10072 of 2024 and W.M.P(MD)No.9099 of 2024 S.Balakrishnan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Block Development Officer(V.P), Manamadurai Panchayat Union Office, Manamadurai, Sivagangai District.

4.The Panchayat President, Vagudi Village Panchayat, Manamadurai Taluk, Sivagangai District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents not to form the road in petitioner land in Survey No.306/2, Anniyendal Village, Vagudi Revenue group Manamadurai Taluk, Sivagangai District, based on the petitioner’s representation dated 13.04.2024.

For Petitioner : M/s.P.Aju Tagore For Respondents : Mr.T.Villavan Kothai Additional Government Pleader for R.1 & R.2 Mr.P.Subbaraj Special Government Pleader for R.3 & R.4

ORDER

Heard both sides.

2.The order of assignment was issued in favour of one Kali, S/o.Nondi on 05.02.1961. After his demise, his daughter Vengi is said to have transferred the land in favour of the petitioner's mother Velammal. The said Velammal had executed settlement deed dated 15.09.2005 in favour of the petitioner. The settlement deed is a registered document. A residential house has been put up.

3.The petitioner's apprehension is that the road will be laid by the respondents across his property.

4.When the matter was taken up for hearing, it was clarified by the Block Development Officer (Village Panchayats), Manamadurai that field inspection will be undertaken and as on date, works have not commenced.

5.This Court may not recognise an unregistered sale deed. But then the fact remains that the petitioner has been in possession of the land that was assigned in favour of Kali in the year 1961. The petitioner's mother had executed a registered document on 15.09.2005.

6.The learned Special Government Pleader would point out that what was assigned in favour Kali was 0.03 ares (1306 Sq.ft). This alone can be protected. The petitioner is not justified in seeking restraint order against laying of road for the entire survey number i.e., 306/2.

7.I direct the respondents to conduct survey. The property assigned in favour of Kali shall be specifically earmarked. The said assigned land together with the house standing thereon will be entitled to protection. That will not be disturbed while laying road by the respondents.

8.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

25.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Block Development Officer(V.P), Manamadurai Panchayat Union Office, Manamadurai, Sivagangai District.

4.The Panchayat President, Vagudi Village Panchayat, Manamadurai Taluk, Sivagangai District.

G.R.SWAMINATHAN,J.

MGA and W.M.P(MD)No.9099 of 2024

25.04.2024