N.Mani Reddy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.8759 of 2023 N.Mani Reddy .. Petitioner Vs.

1. The District Collector, Tiruvallur District, Tiruvallur

2. The Revenue Divisional Officer, Thiruthani Taluk, Thirutani, Tiruvallur District.

3. The Tahsildar, Thiruthani Taluk, Thiruthani, Tiruvallur District.

4. The Block development Officer, Thiruvalangadu Panchayat Union, Thiruvalangadu, Thiruthani Taluk, Tiruvallur District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from preventing the petitioner for using pathway 15 Feet breadth and 223 Feet Length situated

in S.No.222/3, Thumbikulam Village, Thazhavedu Post, Thiruthani Taluk, Tiruvallur District-631 212.

For Petitioners : M/s.C.Prakasam For Respondents : Mr. E.Veda Bagath Singh, Special Government Pleader for R1 to R3 : M/s.S.Anitha, Additional Government Pleader for R4.

ORDER

This Writ Petition has been filed for restraining the respondents from preventing the petitioner from using the subject pathway.

2. Mr. E.Veda Bagath Singh, learned Special Government Pleader takes notice for R1 to R3 & M/s.S.Anitha, learned Additional Government Pleader takes notice for R4.

3. It is the case of the petitioner that he was in possession of the 'Kuttai Poromboke' land in Survey No.222/3 which was being utilized as a pathway to his patta lands. While that being so, the petitioner was issued

with notice under Section 6 of Land Encroachment Act, pursuant to which, he was restricted from entering into the said land. Aggrieved by the same, the petitioner made a representation to the Chief Minister's Public Grievance Redressal Cell seeking to have access to the said land. He also marked a copy of the representation to the respondents 1 to 3, however, no action has been taken on the said representation. Hence the present Writ Petition has been filed.

4. Learned counsel appearing for the petitioner submits that the representation dated 13.02.2022 made by the petitioner may be considered and appropriate orders may be passed on the same in accordance with law, within the time that may be stipulated by this Court.

5. On the above contention, this Court heard learned Special Government Pleader appearing for Respondents 1 to 3 & M/s.S.Anitha, learned Additional Government Pleader appearing for the 4th respondent.

6. In view of the limited relief sought for by the petitioner, this Court

without going into the merits of the case, directs the petitioner to submit a copy of the representation to the 3rd respondent herein along with the copy of this order within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the 3rd respondent is directed to consider the same and pass appropriate orders in accordance with law after affording an opportunity of personal hearing to the petitioner as well as the aggrieved parties if any, within a period of six weeks thereafter.

7. This Writ Petition is disposed of with the above direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

20.03.2023 nhs Index : Yes / No Internet : Yes / No

To

1. The District Collector, Tiruvallur District, Tiruvallur

2. The Revenue Divisional Officer, Thiruthani Taluk, Thirutani, Tiruvallur District.

3. The Tahsildar, Thiruthani Taluk, Thiruthani, Tiruvallur District.

4. The Block development Officer, Thiruvalangadu Panchayat Union, Thiruvalangadu, Thiruthani Taluk, Tiruvallur District.

M.DHANDAPANI, J.

NHS 20.03.2023