Madras High CourtWP/18995/2015disposed of with direction

C.Elumalai, v. State Of Tamil Nadu,

2024-08-29Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.C.Elumalai 2.R.Thirumurugan 3.V.Vanitha 4.S.Sivanesan 5.A.Varunraj ... Petitioners Vs.

1.State of Tamil Nadu Rep. by the Secretary, Revenue Department (Land), Chennai - 600 005.

2.The District Collector Tiruvannamalai Pin - 606 604.

3.Superintendent of Police Tiruvannamalai - 606 601.

4.Deputy Superintendent of Police, Tiruvannamalai - 606 601.

5.District Revenue Officer Tiruvannamalai - 606 601.

6.Revenue Divisional Officer Tiruvannamalai - 606 601.

7.Tahsildar Tiruvannamalai - 606 601.

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8.A.P.Murthy 9.Appadurai ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent and other competent authorities to afford personal hearing to the petitioners and to dispose the common representations dated 10.06.2015 made by them to the first respondent and to others. For Petitioners : Mr.R.Malaichamy For Respondents : Mr.U.Baranidharan for R1 and R2 Additional Government Pleader Mr.LSM.Hasan Fizal for R3 and R4 Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus, directing the first respondent and other competent authorities to afford personal hearing to the petitioners and to dispose the common representations dated 10.06.2015 made by them to the first respondent and to others.

2.The learned counsel appearing for the petitioners submitted that the petitioners are in possession and enjoyment of the land in S.No.191/5 along with common pathway in S.No.256/1 at Venkigal Village, Tiruvannamalai Taluk and the respondents 8 and 9 tried to 2/4

interfere with the same. In this regard, the petitioners made representation to the official respondents, however there is no response.

3.Perusal of records reveal that it is purely civil dispute between the petitioner and the private respondents and it has to be ventilated only before the appropriate Forum. If at all there is a common pathway in S.No.256/1 at Venkigal Village, it is the duty of the District Collector to protect the pathway from the individuals. 4.The Tahsildar/ seventh respondent is directed to conduct enquiry inbetween the petitioner and private respondents and after affording opportunity to the petitioners and private respondents, pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above observation, the writ petition is dismissed. No costs.

29.08.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Secretary, Revenue Department (Land), Chennai - 600 005.