L.Thangalesan v. The District Collector Of Tiruvannamalai

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. L.Thangalesan Petitioner(s) Vs

1. The District Collector of Tiruvannamalai, Tiruvannamalai.

2.The District Revenue Officer Tiruvannamalai.

3.The Tahsildar Thandarampattu Taluk, Tiruvannamalai District.

4.R.Andi 5.Kasthuri Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 2 and 3 to personally depute their officials, inspect the same and remove the obstacles created by the Respondents 4 and 5 to the petitioner's house and make way

2/6 for the petitioner to reach his residential house constructed by him in Grama Natham lands measuring 00.2.00 Ares, comprised in Survey No.10/32 in Keezhvilasai village, Akkarapatti Revenue Village / Thandarampattu Taluk, Tiruvannamalai District.

For Petitioner(s):

Mr.T.Dhanasekaran For Respondent(s):

Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd and 3 rd respondents to act upon the representation made by the petitioner wherein, the petitioner has sought for the removal of obstacles created by respondents 4 and 5 by blocking the way which is the only access for the petitioner to reach his residential house in S.No.10/32 at Keezhvilasai Village, Akkarapatti Revenue Village, Thandarampattu Talu, Thiruvannamalai District. 2.Heard Mr.T.Dhanasekaran, learned counsel appearing on behalf of the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3.

3/6 3.The grievance of the petitioner is that he is possession and enjoyment of the property in S.No.10/32. The 4 th and 5 th respondents are said to have blocked the access of the petitioner from reaching his residential house and started construction activities. Immediately, the petitioner requested them to remove the block in the access, but no action was taken. The 4 th and 5 th respondents also started constructing a house in the land and also got a natham patta for S.No.10/73. According to the petitioner, this patta was obtained and construction activities were done by completely concealing the fact that the petitioner's house is situated on the eastern side and their only access to the property is being blocked. The petitioner made a representation in this regard to the 2 nd respondent.

A representation was given to the respondents 1 to 3 on 16.09.2024. On receipt of the same, the 2 nd respondent through letter dated 25.09.2024 directed the 3 rd respondent to conduct an enquiry and to submit a report. Since the same was not considered, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court and also the nature of grievance expressed

4/6 by the petitioner, there shall be a direction to the 3 rd respondent to act upon the representation made by the petitioner on 16.09.2024 and also communication made by the 2 nd respondent to the 3 rd respondent on 25.09.2024 and conduct an enquiry by calling the petitioner and respondents 4 and 5 and necessary orders shall be passed by the 3 rd respondent, within a period of six weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above directions. No Costs. 05-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The District Collector of Tiruvannamalai, Tiruvannamalai.

2.The District Revenue Officer Tiruvannamalai.

3.The Tahsildar Thandarampattu Taluk, Tiruvannamalai District.

6/6 N.ANAND VENKATESH J.

ssr 05-03-2025