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Madras High CourtWP/9024/2019disposed of

Jansi Rani v. The District Collector

2019-03-26Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9024 of 2019 Mrs.Jansi Rani

...Petitioner

Vs.

1.The District Collector, Kanchipuram, Kanchipuram District.

2.The District Revenue Officer, Kanchipuram, Kanchipuram District.

3.The Tahsildar, Sriperumbudur Taluk Kanchipuram District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to remove the concrete pillar laid in the 5 feet wide common pathway obstructing the ingress and egress to the petitioner land situated in Survey No.228/5 in Plot No.95 A and 95 B Kanchipuram District, Sriperumbudur Taluk, Varatharajapuram Village based on the petitioner's representations dated 16.09.2017 and 04.03.2019 to the respondents. For Petitioner :

Mr.A.V.Bharathi For Respondents:

Mr.S.N.Parthasarathy Government Advocate

O R D E R

Mr.S.N.Parthasarathy, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a Mandamus directing the respondents to remove the concrete pillar laid in the 5 feet https://hcservices.ecourts.gov.in/hcservices/

wide common pathway obstructing the ingress and egress to the petitioner, situated in Survey No.228/5 in Plot No.95 A and 95 B Kanchipuram District, Sriperumbudur Taluk, Varatharajapuram Village based on the representations dated 16.09.2017 and 04.03.2019.

4. The petitioner claims that the concrete pillar is laid in a common pathway, thereby, obstructing the ingress and egress to her property.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the third respondent to consider the representations dated 16.09.2017 and 04.03.2019 and take appropriate action and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the third respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar mk To 1.The District Collector, Kanchipuram, Kanchipuram District.

2.The District Revenue Officer, Kanchipuram, Kanchipuram District.

3.The Tahsildar, Sriperumbudur Taluk Kanchipuram District.

+1cc to Mr.A.V.Bharathi, Advocate, S.R.No.28414 +1cc to the Government Pleader, S.R.No.29143 W.P.No.9024 of 2019 SSI(CO) RRS(07/05/2019) https://hcservices.ecourts.gov.in/hcservices/