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Madras High CourtWP/9572/2019disposed of

N.Marimuthu v. The District Collector

2025-02-24Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.10190 of 2019 N.Marimuthu ..

Petitioner Vs.

1.The District Collector Villupuram District At Villupuram.

2.The Revenue Divisional Officer Sankarapuram Taluk Sankarapuram, Villupuram District.

3.The Tahsildar Sankarapuram Taluk Sankarapuram, Villupuram District.

4.The Inspector of Police Pagandai Kootu Salai Police Station Pagandai, Sankarapuram, Villupuram District.

5.R.Devaraj .. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 4 to remove the permanent blockade made by the 5th respondent in the Cart Track situated in the Northern Side of the Property comprised in S.No.126/2A, Vaanapuram Village, Sankarapuram Taluk, Villupuram District and ensure the free movement of the nearby inhabitants through the Cart Track.

For the Petitioner : Mr.C.K.M.Appaji For the Respondents : Dr.S.Suriya Additional Government Pleader for RR1 to 3 Dr.C.E.Pratap Government Advocate (Crl.Side) for R4 Mr.V.Manohar for R5

ORDER

The Writ Petition is filed for a direction to the respondents 1 to 4 to remove the permanent blockade made by the 5th respondent in the cart tract situated in the northern side of the property in S.No.126/2A, Vaanapuram Village, Sankarapuram Taluk, Villupuram District.

2. When the matter came up for hearing, the learned Government Advocate appearing on behalf of the 4th respondent, after specific instructions would submit that the blockade which is said to be made is not on any

government interest land. The land is a patta land.

3. If that be so, if the petitioner claims easementary rights, the same can be agitated only before the appropriate Civil Court and cannot be entertained in the Writ Petition.

4. The learned counsel appearing on behalf of the private respondent would submit that as a matter of fact, Civil Suit is also pending between the parties.

5. In view thereof, keeping open the rights of the parties to be decided by the Civil Court, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

24.02.2025 : No Jer To

1.The District Collector Villupuram District At Villupuram.

2.The Revenue Divisional Officer Sankarapuram Taluk Sankarapuram, Villupuram District.

3.The Tahsildar Sankarapuram Taluk Sankarapuram, Villupuram District.

4.The Inspector of Police Pagandai Kootu Salai Police Station Pagandai, Sankarapuram, Villupuram District.

D.BHARATHA CHAKRAVARTHY, J.

Jer and W.M.P.No.10190 of 2019 24.02.2025