Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 926 (MAD)

Velliayan v. Revenue Divisional Officer Thiruvannamalai

2013-02-13

VINOD K.SHARMA

body2013
Judgment :- 1. The he petitioner has invoked the equitable extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, with the prayer for issuance of a writ in the nature of prohibition restraining the respondents from trespassing and laying pathway in the patta land of the petitioner at Melsiruvallur Village in Survey No.14/2 measuring 0.48 cents. 2. It is the case of the petitioner that the land falling in Survey No.14/2 measuring 0.48 cents, is a patta land belonging to the petitioner, whereas the respondent Nos.1, 2 and 3 are illegally trying to encroach upon this land and construct a road, without following due process of law i.e., by acquiring the land. 3. Notice in this petition was issued. Learned Additional Government Pleader states at the Bar, that the Government is not taking any steps to lay down the road on Survey No.14/2, as submitted by the petitioner. 4. The stand of the State is that it is a private dispute between the villagers and the petitioner, in which the Government has no role to play. 5. Once the statement is made by the learned Additional Government Pleader that the Government is not taking any action to lay down any road in Survey No.14/2 measuring 0.48 cents, no further action is called for by this Court in this writ petition. The remedy with the petitioner in case of grievance against private parties, is to approach Civil Court and not the writ jurisdiction. This writ petition is disposed of with liberty to the petitioner to approach the Civil Court against the private respondents, if he is aggrieved by their action in using the patta land to be road. No costs. Consequently, connected MPs are closed.