EZHILARASI Vs. DISTRICT COLLECTOR, THOOTHUKUDI DISTRICT, THOOTHUKUDI

JUDGEMENT

(1.) The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 to 4 not to lay the road across the Petitioner's land comprised in Resurvey No.9/6B1, to an extent of 15 3/4 cents out of 46 cents situated at Vilathikulam, Thoothukudi District by storing metal jelly, gravel and other materials on the ridge of the Petitioner's land view a view to illegally lay a road across the petitioner's property, by considering the Petitioner's representation, dtd. 21/11/2022.

(2.) Mrs.K.Christy Theboral, learned Additional Government Pleader takes notice for the respondents 1,2 and 4 and Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the third respodnent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

(3.) When the matter is taken up for hearing today, the learned Additional Government Pleaders appearing for the official respondents produced a communication of the Executive Officer, Vilathikulam Town Panchayat, Thoothukudi District, dtd. 1/12/2022, wherein, it is stated that the Town Panchayat has not lay any road in private bearing in S.No. 9/6B1A.Further it is stated that near the water tank in the above said place, gravel sand and jelly was dumbed for laying the roads damaged due to rain, from the MLA fund of Vilathikulam. Hence it is not true to say that the authorities have laid road on the private property of the Petitioner. Further near S.No.9/6BA, land classified as Cart Track was there which leads to Mettupatti Village. Further they have taken steps through Revenue Department for survey of the said Car Track.Further, the learned Additional Government Pleaders would submit that the Jelly and Gravel sand were dumbed near the Petitioner's land will be removed after the completion of the repair works.