K.Aathimoolam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.
10828 of 2023 K.Aathimoolam .. Petitioner Vs 1.The District Collector, Kallakurichi District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi-606 213, Kallakurichi District.
3.The Thasildar, Thasildar Office, Chinna Salem, Kallakurichi District - 606 201.
4.The Block Development Officer, Chinnasalem, Kallakurichi District.
5.The Executive Officer, Vadakananthal Village, Kallakurichi District-606 207.
6.Ramasamy .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to take appropriate action to remove the encroachment caused over the public pathway existing in Survey No.336/2 of Vadakananthal Post, Chinna Salem Taluk, Kallakurichi District-606 207. For the Petitioner : Mr.M.Karthikeyan For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondents 1,2,3 & 5 : Mr.P.Muthukumar State Government Pleader for respondent No.4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) K.Aathimoolam, son of Krishnan, a resident of Chinna Salem Taluk, Kallakurichi District, has filed this writ petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to take appropriate action to remove the encroachment caused over the public pathway
existing in Survey No.336/2 of Vadakananthal Post, Chinna Salem Taluk, Kallakurichi District-606 207.
2. Mr.M.Karthikeyan, learned counsel for the petitioner, submitted that the public pathway running in the land comprised in S.No.336/2 situate at Vadakananthal Post, Chinna Salem Taluk, Kallakurichi District, has been encroached by the sixth respondent, and in view of such encroachment, the petitioner and the villagers are unable to have ingress and egress to their properties. Ventilating his grievance, the petitioner sent a representation to the respondent authorities on 1.3.2023. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.
3. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of the fourth respondent, would submit that even as per the copy of the 'A' Register enclosed by the petitioner, the land in S.No.336/2 is classified as "Tharisu" and, therefore, the allegation of the petitioner that the land in question is a public
pathway is unsubstantiated. He, accordingly, prayed for dismissal of the writ petition.
4. A perusal of the copy of the 'A' Register shows that the land in question comprised in S.No.336/2 situate at Vadakananthal Post, Chinna Salem Taluk, Kallakurichi District is classified as "Tharisu". No shred of material has been produced by the petitioner to show that the land in question is a public pathway. Therefore, we do not find any merit in the writ petition.
For the foregoing reasons, the writ petition is dismissed. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 11.04.2023 Index :
No No sasi
To:
1.The District Collector, Kallakurichi District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi-606 213, Kallakurichi District.
3.The Thasildar, Thasildar Office, Chinna Salem, Kallakurichi District - 606 201.
4.The Block Development Officer, Chinnasalem, Kallakurichi District.
5.The Executive Officer, Vadakananthal Village, Kallakurichi District-606 207.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 11.04.2023