ARUL M FUTNANI Vs. DISTRICT COLLECTOR KANCHEEPURAM

JUDGEMENT

(1.) This writ appeal is directed against the order dated 08.09.2011 passed in W.P. No.7556 of 2010, whereby the learned single Judge dismissed the writ petition filed by the appellant herein.

(2.) Orignally, the appellant/writ petitioner filed the writ petition seeking for a direction to forbear the respondents from converting the cart track or handing over the same to the same to the 2nd respondent Chennai Metro Water Supply and Sewerage Board (for short Metro Water) or changing the character or classification of the cart track measuring an extent of 0.16 hectares in S.No.67 of Semmencherry Village, Tambaram Taluk, Kancheepuram District, within the sub-Registration District of Neelankarai, Chennai. Later on an amendment petition was filed, which was allowed on 27.01.2011, whereby the petitioner prayed for a writ of certiorarified mandamus to call for the records relating to G.O.Ms.No.219, Revenue (LD5/1) Department, dated 12.05.2010, quash the same, and forbear the respondents from interfering with the petitioners right to use the subject lands, morefully set out in the writ petition, as ingress and egress to his property.

(3.) The case of the petitioner was that the impugned Government Order was passed without following the procedure contemplated under Section 125(2) of the Tamil Nadu Panchayats Act, 1994, that the land in question does not vest with the government, that the definition of the term Public Road as found in Section 2(28) of the Tamil Nadu Panchayats Act, 1994 includes a Cart Track, that no Government Order was passed for re-classification of the Cart Track into any other usage, and that the impugned Government Order was illegal.