Mrs.E.Alagammal, v. The District Collector-Villupuram,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.
of 2024 Mrs.E.Alagammal ... Petitioner Vs.
1. The District Collector-Villupuram Office of the District Collector Collector Road, Moovendar Nagar Villupuram - 605 602
2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Villupuram - 605 602
3. The Tahsildar Vanur Taluk Villupuram - 605602
4. M.Ponongodi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the 2nd respondent to consider the representation dated 03.07.2023 within the time frame fixed by this Court. For Petitioner : Mr.R.Murugan For R1 to R3 : Mr.T.Arun Kumar Additional Government Pleader 1/5
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 2nd respondent to consider the representation dated 03.07.2023 within the time frame fixed by this Court.
2. The learned counsel for the petitioner submitted that the petitioner inherited the property belonging to her husband through a partition deed and that the petitioner and other have been using a common path way to their respective property for the past 40 years. While being so, on 03.07.2023, the 4th respondent obstructed and prevented the petitioner and others from using the common pathway. Hence, the petitioner made a representation dated 03.07.2023 and 24.08.2023. Since no effective action was taken. the present Writ Petition is filed.
3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents 1 to 3. Since no adverse order is being passed against the 4th respondent, notice to the 4th respondent is dispensed with.
4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of 2/5
mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the concerned official respondent to consider the petitioner's representation dated 03.07.2023 and issue notice to the petitioner, 4th respondent herein, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 27.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5
To
1. The District Collector-Villupuram Office of the District Collector Collector Road Moovendar Nagar Villupuram - 605 602
2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Villupuram - 605 602
3. The Tahsildar Vanur Taluk Villupuram - 605602 4/5
P.VELMURUGAN. J.
Ksa-2 W.P. No.
of 2024 27.02.2024 5/5