K.Valarmathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5665 of 2025 K.Valarmathi ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar, Harur, 4.Gowri 5.Vediyammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to cancel the patta no. 451 and S. No. 45/2 issued to Gowri w/o. Kullu and patta NO.231 in S. No. 46/09 issued to Vediyammal W/o. Duraisay, situates in Keeraipatti Village, Harur Taluk, Dharmapuri District and consequently demarcate and protect the pathway with its features available as on dated in the official records enabling the petitioner and other villagers to have 1/4

access for the pathway which commences from Survey No.46/2 and ends at proceeding towards the west at Survey No.46/1 with a time fame as may stipulated by this Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R3

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to deal with the appeal filed by the petitioner wherein, the petitioner has sought for the cancellation of the patta that stands in the name of respondents 4 and 5 with respect to the subject property.

2.Heard Mr.J.Pradeep, learned counsel appearing on behalf of the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader appearing on behalf of respondents 1 to 3.

3.The grievance of the petitioner is that the appeal filed before the 2nd respondent seeking to cancel the patta issued in favour of the 4th and 5th respondents is pending. Even though the enquiry was conducted by the 2nd respondent, no final orders were 2/4

passed till date. According to the petitioner, the patta in the name of the 4th and 5th respondents is causing prejudice to the rights of the villagers in accessing the path way. 4.Taking into consideration the facts and circumstances of the case and considering the fact that the 2nd respondent has already conducted an enquiry and the same is pending, there shall be a direction to the 2nd respondent to pass final orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order after giving opportunity to all parties concerned. 5.This writ petition is disposed of with the above directions. No Costs. 24.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The District Collector, 2.The Revenue Divisional Officer, Harur, Dharmapuri District.

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N. ANAND VENKATESH, J.

ssr 3.The Tahsildar, Harur, W.P.No.5665 of 2025 24.02.2025 4/4