M.Govindaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.2649 of 2024 and W.M.P.No.2915 of 2024 M.Govindaraj ... Petitioner Vs.
1 The District Collector, Tirupattur, Tirupattur District.
2 The District Revenue Officer, Tirupattur, Tirupattur District.
3 The Revenue Divisional Officer, Vaniyambadi, Tirupattur District.
4 The Tahsildar, Ambur Taluk, Tirupattur District.
5 The Block Development Officer, Madhanur Panchayat Union, Ambur Taluk, Tirupattur District.
6 The President, Venkatasamuthiram Village Panchayat, Ambur Taluk, Tirupattur District.
... Respondents
Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, forbearing the respondents to lay the Panchayat road in the private property of the Petitioner namely the property admeasuring 1.15 acres out of 1.26 acres comprised in Survey number 218/6 situated at Rangapuram Village, Venkatasamuthiram Post Ambur Taluk, Tirupattur District .
For Petitioner :
Mr.Nandakumar for Nr.Rajarajan For Respondents For R1 to R4 :
Mr.V.Ravi, Special Government Pleader
ORDER
The petitioner who claims the right of ownership over the property admeasuring 1.15 Acres out of 1.26 Acres comprised in Survey No.218/6 situated at Rangapuram Village, Venkatasamuthiram Post, Ambur Taluk, by virtue of a registered Sale Deed, dated 05.08.1976, has filed this Writ Petition.
2. Heard Mr.Nandakumar, learned counsel for the petitioner and Mr.V.Ravi, learned Special Government Pleader appearing for the Respondents 1 to 4.
3. Mr.Nandakumar, learned counsel for the petitioner submitted that the subject property has been sub divided recently and new Survey Numbers have been assigned as 218/6E/6F, 6D, 7A, 7B and the subdivided Survey No.218/6D is the public pathway. The petitioner claims that the said survey No.218/6D is a part of the property purchased by him by way of a registered Sale Deed, dated 05.08.1976. Hence, the petitioner has given a representation to the respondents Authorities to reclassify the land as his land and reissue patta by effecting appropriate correction. In this regard, the 2nd respondent has sent a letter to the 3rd respondent for taking action on the representation made by the petitioner. However, so far, the 3rd respondent has not passed any orders till date.
4. Considering the above, the 3rd respondent is directed to consider the representation of the petitioner, dated 22.01.2024, in accordance with the earlier communication issued by the 2nd respondent, dated 03.05.2023 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 07.02.2024 Index: Yes / No Speaking order / Non-speaking order vum To:
1 The District Collector, Tirupattur, Tirupattur District.
2 The District Revenue Officer, Tirupattur, Tirupattur District.
3 The Revenue Divisional Officer, Vaniyambadi, Tirupattur District.
4 The Tahsildar, Ambur Taluk, Tirupattur District.
5 The Block Development Officer, Madhanur Panchayat Union, Ambur Taluk, Tirupattur District.
R.N.MANJULA ,J.
vum W.P. No.2649 of 2024 and W.M.P.No.2915 of 2024 07.02.2024