V. VAIJAYANTHI Vs. THE DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) THE petitioner seeks for issuance of a Writ of Mandamus, to forbear the respondents from interfering with the petitioner's possession of the lands in survey No. 647/3, 647/4, 647/5, 647/7, 647/8 and 655/2, bearing patta No. 461, at Keeralvadi village, Zamin Endathur Group, Madurantakam Taluk, Kancheepuram District, without following due process of law.

(2.) THE petitioner would state that she is the absolute owner of the said land, the same having been purchased by her husband by registered sale deed, dated 05.07.1975 and after his demise, the petitioner is in possession and enjoyment of the said land and carrying on agricultural activities. It is further submitted that the fourth respondent has transferred the patta in the joint name of the petitioner and her sons and they have also mortgaged the property and obtained a loan from Indian Bank. It is submitted that on 10.04.2013, the fourth and fifth respondents along with local politicians came to the petitioner's residence and informed that they are to occupy the petitioner's agricultural land and to lay a Thar road, which was objected by the petitioner and a representation was also submitted. Since the petitioner apprehended forcible eviction, the petitioner has filed this writ petition.

(3.) THE learned Additional Government Pleader appearing for the official respondents by relying upon the counter affidavit filed by the fifth respondent submitted that there is a 'cart track' in Survey No. 647/7 commencing from Madukarai -Cuddalore State Highways running through Survey Nos. 647, 644, 628, 627 and 620 cutting across Keeralvadi Village and this 'cart track' has been in existence from time immemorial. It is submitted that a notification under Section 5 of the Madras Survey and Boundaries Act, 1923, (Act) was published in the District Gazette on 01.05.1951 in respect of the Endathur Group and Keeralvadi village, the entire village was surveyed and a notification was issued under Section 13 of the Act and published in the District Gazette on 01.09.1968. It is submitted that both the notifications, the existence of the cart track commencing from the road in the State Highways in Survey No. 648 and running through Survey Nos. 647, 644, 628, 627 and 620 has been marked, approved and finalised. It is further submitted that the survey boundaries in this regard has become final and the road was already in existence and therefore, the survey record has become conclusive as early as in the year 1968. It is further submitted that the petitioner's husband purchased the land in 1975 and he did not object to the existence of the road at the time of purchase. It is submitted that since the land in question is a road, the question of acquiring the land does not arise, moreso when, the road is already in existence for several decades and has been laid and relaid by the respondents on several occasions. Further, the road has been block topped under the SGRY scheme during 2007 -08. Further it is submitted that the said road is only road available for the villagers from Keeralvadi village to reach the State Highways and there is no other public road available for the public to reach the State Highways. Further, it is submitted that there was no objection for laying the road at any point of time or its maintenance by the petitioner's predecessor in title nor her husband, who was alive till 2008. For the first time in January 2014, the objection has been raised, when steps were taken to re -lay the road.