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Madras High CourtWP/6237/2024disposed of

D.Palanisamy v. The District Collector

2024-03-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Palanisamy ..

Petitioner Vs.

1. The District Collector The Collectorate, Ariyalur.

2. The Tahsildar Office of the Tahsildar (Taluk Office) Andimadam.

3. The Tahsildar (Revenue) Taluk Office, Andimadam.

4. The District Revenue Officer The Collectorate, Ariyalur.

5. The Village Administrative Officer VAO - Office Oolaiyure, Andimadam Taluk.

6. C.Krishnamoorthy ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st respondent herein to consider petitioner representation/application dated 20.01.2024 for conducting enquiry/appropriate action and to remove/ demolish the entire construction which had been made by the 6th respondent on the public pathway, shown in details in the schedule given hereunder, comprised in S.No.461/17 at Oolaiyure village, Aandimadam Taluk, Ariyaloore district so as to restore the public pathway / passage in the original status in which it was before.

For the Petitioner : Mr.AL.Ramamoorthy For the Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.AL.Ramamoorthy, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 to 5.

2. The petitioner alleges encroachment on the pathway in S.No.461/17. It is the case of the petitioner that construction has been made on the pathway by the sixth respondent.

3. There are no documents placed on record to demonstrate that S.No.461/17 is a pathway.

4. The petitioner may approach the appropriate Committee constituted under the Government Order bearing G.O.Ms.No.64 dated 08.02.2022. If the petitioner files an application before the appropriate Committee, the concerned Committee shall consider the said application on its own merits after following the principles of natural justice.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 08.03.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector The Collectorate, Ariyalur.

2. The Tahsildar Office of the Tahsildar (Taluk Office) Andimadam.

3. The Tahsildar (Revenue) Taluk Office, Andimadam.

4. The District Revenue Officer The Collectorate, Ariyalur.

5. The Village Administrative Officer VAO - Office Oolaiyure, Andimadam Taluk.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 08.03.2024