V.Ravichandran v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.10579 of 2021 V.Ravichandran ...

Petitioner -Vs1 District Collector Collectorate, 2 The Tahsildar Nagamarai, Pennagaram Road Dharmapuri-636 810.

3 Revenue Divisional Officer ( R.D.O) Gandhi Nagar, Dharmapuri-636 701.

4 District Revenue Officer (D.R.O) 5 Revenue Inspector Eriyur, Pennagaram, Dharmapuri-636 810.

.... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the representations dated 23.11.2020, 02.12.2020, 19.12.2020, 02.01.2021, 20.01.2021 and to consequentially take appropriate action to lay a pathway / road with a width of 20 feet instead of the proposed 10 feet in Survey No.255/2 situated at No.032 Nagamarai Village Pennagaram Taluk Dharmapuri District for the purpose of exercising the petitioners right to ingress and egress to his agricultural patta lands comprised in Survey Nos.249/2C2 250/3A2 251/1C 252/1C 253/3 254/1B 254/1D 254/2.

For Petitioner :

Mr.D.Praveen For Respondent :

Mr.T.M.Pappiah Special Government Pleader

O R D E R

(This case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the 2nd respondent to consider the petitioner's representations, finally dated 20.01.2021 and to lay a pathway with a width of 20 ft. instead of proposed 10 ft. for the purpose of exercising the petitioner's right to ingress and egress to his agricultural patta lands.

2. The grievance of the petitioner is that, the petitioner's lands were acquired for the purpose of providing lands to poor adi-dravidar community people. Earlier, there was a 20 ft. pathway was available, but after acquisition, they have made only 10 ft. of pathway. In the above circumstances, the petitioner could not use the pathway, hence, he has made several representations to the 2nd respondent, finally on 20.01.2021. But, so far, the 2nd respondent did not conduct any enquiry and no order has been passed on his representations. Hence, the present writ petition has been filed by the petitioner.

3. Today, when the matter taken up for hearing, Mr.Annai Ezhil, learned Government Advocate appearing for respondents, on instructions, would submit that the 2nd respondent Tahsildar had fixed the enquiry on 06.05.2021, and the petitioner may be directed to appear before the enquiry and submit his representation.

4. Considering those circumstances, as the enquiry has already commenced, the 2nd respondent is directed to complete the enquiry and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rpp To 1 District Collector Collectorate,

2 The Tahsildar Nagamarai, Pennagaram Road Dharmapuri-636 810.

3 Revenue Divisional Officer ( R.D.O) Gandhi Nagar, Dharmapuri-636 701.

4 District Revenue Officer (D.R.O) 5 Revenue Inspector Eriyur, Pennagaram, Dharmapuri-636 810.

+1cc to Mr.D.Praveen, Advocate SR.No. 25732 +1 cc to Government Pleader Sr.No. 25997 W.P.No.10579 of 2021 PVS (CO) A.SK(09.07.2021)