Savithri v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 30.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Savithri ... Petitioner Vs.
1. District Collector, Erode District.
2 . The Revenue Divisional Officer, Erode District.
3 . The Revenue Tahsildar, Modakurichi Taluk, Erode District.
4 . The Block Development officer, Avalpoondurai Village Town Panchayat, Erode District.
5. The Inspector of Police, Arachalur Police Station, Erode District.
... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 04.11.2023 and to implement and enforce the order dated 29.01.2022 passed by the third
respondent in O.Mu.No.259/22/A2 and order dated 09.08.2022 passed by the first respondent in Na.Ka.No.1298/22/B4 in respect of the common cart track/ pathway comprised in R.S.No.279/5, Avalpoondurai Village, Modakurichi Taluk, Erode District. For Petitioner : Mr.D.Rajagopal For Respondents : Mr.V.Ramesh, Government Advocate for respondents 1 to 4 Mr.L.Baskaran, Government Adv.(Crl.Side) for fifth respondent
ORDER
This writ petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 04.11.2023 and to implement the order dated 29.01.2022 passed by the third respondent in O.Mu.No.259/22/A2 and confirmed by the respondents 1 and 2 in proceedings Na.Ka.No.1298/22/B4, dated 09.08.2022.
2. It is the case of the petitioner that she is having a house at Kollankattuvalasu, Sengodampalayam, Avalpoondurai Village, Modakurich Taluk, Erode District and there is a common cart track situated in S.No. 278/2, which is only access to her property. The
right of the petitioner in using the said cart track is protected by the order passed by the third respondent and the same has been upheld by the orders of the respondents 1 and 2. Inspite of the same, some neighbours obstructed the petitioner from using the said cart track. Therefore, the petitioner submitted a representation dated 04.11.2023 before the respondents to take action against those persons and to implement the order passed by the third respondent in favour of the petitioner. However, till date, the representation has not been considered. Hence the petitioner has come before this court.
3. Mr.V.Ramesh, learned Government Advocate, who takes notice for the respondents 1 to 4 would submit that the representation of the petitioner will be considered by the third respondent and final orders will be passed in accordance with law, within a time stipulated by this court.
4. In view of the submission made by the learned Government Advocate, without expressing any opinion on the claim made by the petitioner, this court is inclined to direct the third respondent to
consider the representation of the petitioner dated 04.11.2023 in the light of the order passed by him in O.Mu.No.259/22/A2, dated 29.01.2022, which was confirmed by the respondents 1 and 2 in proceedings Na.Ka.No.1298/22/B4, dated 09.08.2022 and pass final orders, within a period of two weeks from the date of receipt of copy of the order.
5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.
30.01.2025 Index:Yes/No Internet:Yes/No mst To
1. District Collector, Erode District.
2 . The Revenue Divisional Officer, Erode District. 3 . The Revenue Tahsildar, Modakurichi Taluk, Erode District.
4 . The Block Development officer, Avalpoondurai Village Town Panchayat, Erode District.
5. The Inspector of Police, Arachalur Police Station, Erode District.
S.SOUNTHAR, J.
mst 30.01.2025