Semparithi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Semparithi : Petitioner versus 1.The District Collector, Krishnagiri District, Krishnagiri 2.The Revenue Divisional Officer, Krishnagiri District 3.The Tahsildar, Pochampalli, Krishnagiri District 4.The Block Development Officer, Bagur, Krishnagiri District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 4 to lay CC road in S.No.335/B3 in K.Mottur Village, Puliyapatti Post, Pochampalli Taluk, Krishnagiri District within a time-frame.

For Petitioner :

Mr.N.Desinghu For Respondents :

Mr.A.Edwin Prabhakar,

State Government Pleader assisted by Mr.M.Habeeb Rahman, Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Prabhakar states that at this point of time, the prayer of petitioner cannot be granted because the land in S.No.335/B3 of K.Mottur Village, Puliyampatti Post, Pochampatti Taluk, stands registered in the name of Tvl.Vediyappan and Krishnan and in the remarks column, it is mentioned as 'Nilaviyal Pathai'. He further submits, relying on the affidavit of one Murugan, respondent No.4, affirmed on 11.06.2025, that there is a mud path from Pochampalli to K.Mothur Village and the said pathway passes through S.No.335/B3 of Thimminayakanpatti Village. The subject land is used as pathway by villagers, and the length of the pathway is 59 meters and width is 4 meters. Two wheelers and four wheelers are passing in the said path.

2. Mr.Prabhakar states that though the land is described as Nilaviyal Pathai and belongs to the Revenue Department, the land owners are objecting to allowing the concrete road. The only requirement is that the land owners should not allow any construction in the pathai, which they have maintained. Mr.Prabhakar states that once permission of land owners is obtained, certainly, the Collector will consider laying cement concrete road.

3. Petition stands dismissed. There will be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 12.06.2025 Index : Yes/No : Yes/No tar To 1.The District Collector, Krishnagiri District,Krishnagiri 2.The Revenue Divisional Officer, Krishnagiri District 3.The Tahsildar, Pochampalli, Krishnagiri District

4.The Block Development Officer, Bagur, Krishnagiri District

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 12.06.2025