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Madras High CourtWP/5151/2020disposed of

C.Kandhasamy v. The District Collector,

2022-01-10Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2022

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.5151 of 2020 and WMP.No.6085 of 2020 C.Kandhasamy

...Petitioner

Vs

1. The District Collector, O/o. the District Collector, Kesavalu Nagar, V.O.C.Nagar, Kallakurichi 606 202

2. The Sub Collector, O/o. the Sub Collector, Kallakurichi 606 202

3. The Tahsildar, O/o. the Tahsildar, Salem Main Passage, Chinnasalem 606 201

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to forbear the respondents from any manner laying any passage in the patta lands of the petitioner and his family members measuring 64 cents out of the total extent of 5.05 acres, comprised in S.Nos.270/6, 271/1B, 271/1C, 271/2A, 271/2B, 271/3A, 271/4A, 271/4B and 272/2B, Rayappanur Village, Chinnasalem Taluk, Kallakurichi District bearing patta Nos.992, 2421, 211, 847 and 1217, considering the petitioner's representation dated 27.01.2020, sent to the respondents 1 to 3 and pass appropriate orders in the same, within a specific time limit, after affording due opportunity of hearing to the petitioner. For Petitioner : Mr.R.Gopinath For Respondents : Mr.P.Baladhandayutham, Special Government Pleader

ORDER

This writ petition is filed for direction forbearing the respondents from any manner laying any passage in the patta lands of the petitioner and his family members measuring 64 cents out of the total extent of 5.05 acres, comprised in S.Nos.270/6, 271/1B, 271/1C, 271/2A, 271/2B, 271/3A, 271/4A, 271/4B and 272/2B, Rayappanur Village, Chinnasalem Taluk, Kallakurichi District bearing patta Nos.992, 2421, 211, 847 and 1217, considering the petitioner's representation dated 27.01.2020, sent to the respondents 1 to 3 and pass appropriate orders in the same, within a specific time limit, after affording due opportunity of hearing to the petitioner.

2. Without expressing any opinion on merits of the writ petition, the third respondent is directed to conduct enquiry on the representation of the petitioner dated 27.01.2020 and, after issuance of notice to the petitioner and the President of the Rayappanur Village Panchayat and counter parties, if any, and giving them opportunity of hearing, pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

3. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lok To

1. The District Collector, O/o. the District Collector, Kesavalu Nagar, V.O.C.Nagar, Kallakurichi 606 202.

2. The Sub Collector, O/o. the Sub Collector, Kallakurichi 606 202.

3. The Tahsildar, O/o. the Tahsildar, Salem Main Passage, Chinnasalem 606 201.

+1cc to Mr.R.Gopinath, Advocate, S.R.No.2646 +1cc to the Government Pleader, S.R.No.2775 WP.No.5151 of 2020 CA[co] NSK 28/01/2022