V.M.Pandiyan v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2024 CORAM :
THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ V.M.Pandiyan .. Petitioner Vs 1.The Director, Rural Development & Panchayat Raj, Panagal Maaligai, Saidapet, Chennai-600 015.
2.The District Collector, Collectorate, Krishnagiri - District.
3.The Tahsildar, Taluk Office, Bargur, Krishnagiri - District.
4.The Revenue Inspector, Palepalli, Bargur Taluk Office, Bargur, Krishnagiri - District.
5.The Panchayat President, Palepalli Village Panchayat, Varatanapalli, Bargur, Krishnagiri - District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st and 2nd respondents to dispose of the petitioner's representation dated 20.12.2021 and 1.2.2024 and not to issue any patta to the third parties pertain to in Survey No.120/1A of Palepalli Village, Kallamkuthu Poramboke land and the same was used by the village farmers including the petitioner as a pathway to their patta lands for free access through the said Kallamkuthu (Stone Waste Land). For the Petitioner : Mr.T.Suresh For the Respondents : Mr.C.Kathiravan Spl. Government Pleader
ORDER
(Order of the Court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 and 2 to dispose of the petitioner's representations dated 20.12.2021 and 1.2.2024 and not to issue any patta to the third parties in respect of Survey No.120/1A of Palepalli Village and to permit the village farmers, including the petitioner, to use the said land as a pathway to their patta lands for free access through the said Kallamkuthu (Stone
Waste Land).
2. Mr.C.Kathiravan, learned Special Government Pleader accepting notice on behalf of the respondents, submits that notices have been issued for removal of the encroachment and necessary steps would be taken by the authorities in accordance with law.
3. Considering the narrow scope of the prayer made in the writ petition, we dispose of the writ petition with a direction to the respondent authorities to consider the representations of the petitioner dated 20.12.2021 and 1.2.2024 and take a call purely on merits, after affording opportunity to the petitioner and all the interested parties. Such exercise shall be completed by the respondents within eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (R.M.D., J.) (M.S.Q., J.) 28.02.2024 Index :
No No sasi
To 1.The Director, Rural Development & Panchayat Raj, Panagal Maaligai, Saidapet, Chennai-600 015.
2.The District Collector, Collectorate, Krishnagiri - District.
3.The Tahsildar, Taluk Office, Bargur, Krishnagiri - District.
4.The Revenue Inspector, Palepalli, Bargur Taluk Office, Bargur, Krishnagiri - District.
5.The Panchayat President, Palepalli Village Panchayat, Varatanapalli, Bargur, Krishnagiri - District.
R.MAHADEVAN,J.
AND MOHAMMED SHAFFIQ,J.
(sasi) 28.02.2024