B.Muthusamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR B.Muthusamy ...

Petitioner versus 1.State rep by, The District Collector, Office of the Collectorate, Nallipalayam, Namakkal District.

2.The Revenue Divisional Officer, Paramathi Velur Road, Thiruchengodu Taluk and Post, Namakkal District.

3.The Tahsildhar, Padamudipalayam, Paramathi Velur Taluk Office, Namakkal District.

4.Palanisamy 5.Rangasamy 6.Nagappanaicken ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 05.12.2023. 1/4

For Petitioner :

Mr.K.S.Vivekanandam For Respondent Nos.1 to 3 :

Mr.P.Sathish Additional Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the third respondent to consider the petitioner's representation dated 05.12.2023. 3.

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 3 and perused the materials available on record.

4.

The case of the petitioner is that the properties in Survey No.25 are the ancestral properties and there was a pathway in between the agricultural land for the purpose of carrying agricultural commodities and transportation since 1971. It is the grievance of the petitioner that the respondents 4 to 6 causing hindrance to the petitioner while using the 2/4

pathway. Therefore, the petitioner had given a representation on 05.12.2023 to sub-divide the pathway and issue separate patta in the name of the petitioner. However, the same has not been considered by the respondents. 5.

Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the third respondent to consider the representation of the petitioner dated 05.12.2023 and pass appropriate orders on the same, after giving notice to the neighbouring land owners and any other interested persons, within a period of two months from the date of receipt of a copy of this order. 6.

With the above direction, this Writ Petition is disposed of. No costs.

23.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

N.SATHISH KUMAR , J.

sri To 1.The District Collector, Government of Tamil Nadu, Office of the Collectorate, Nallipalayam, Namakkal District.

2.The Revenue Divisional Officer, Paramathi Velur Road, Thiruchengodu Taluk and Post, Namakkal District.

3.The Tahsildhar, Padamudipalayam, Paramathi Velur Taluk Office, Namakkal District.

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