Madras High CourtWP/18461/2015disposed of

K.Vaithiyalingam, v. The District Collector,

2015-06-26Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18461 of 2015 K.Vaithiyalingam ... Petitioner vs

1. The District Collector

2. The District Revenue Officer

3. The Tahsildar Panruti Taluk

4. The Revenue Inspector Marungur, Panruti Taluk ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 10.3.2015.

For Petitioners : Mr.G.Muthukumar For Respondents : Mr.V.Subbiah Special Government Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner claims that his father was the owner of the property admeasuring to an extent of 10 acres in Survey No.478/6B, Keezhakuppam Village, Nadukuppam Post, Panruti Taluk, Cuddalore District, and it was purchased by a registered sale deed vide Document No.764/1962, dated 7.4.1962. The petitioner would further state that after his father's demise, he succeeded to the said property and patta was also issued in his name and some other property in Survey No.470/1B, is also standing in the name of his wife.

3.The petitioner would state that he has also put up a superstructure under Tamil Nadu Chief Minister Housing Scheme, and is also provided with electricity service connection. It is the specific claim of the petitioner that in front of his land, there is a common pathway to reach the main road, which is used by him as well as by the village people, and the petitioner is also having a pumpset in the nearby lands, for irrigation purposes. 4.The grievance now expressed by the petitioner, is that since attempts are being made to put up construction on the said common pathway, a representation dated 10.3.2015, was given to the first respondent to consider the claim of the petitioner and other villagers to provide a common pathway in Survey No.

466, Kattukudalur Main Road, Keelakuppam Village, Panruti Taluk, Cuddalore District, since the said land is a Government poramboke, and since no response is forthcoming, he came forward to file this writ petition. 5.Heard the learned Counsel appearing for the petitioner, and Mr.V.Subbiah, learned Special Government Pleader, who accepted notice on behalf of the respondents.

6.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the claim projected by him, directs the second respondent viz. the District Revenue Officer, Cuddalore District, to consider and dispose of the petitioner's representation dated 10.3.2015, in accordance with law, after putting on notice, the persons concerned, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nsv To:

1. The District Collector

2. The District Revenue Officer

3. The Tahsildar Panruti Taluk

4. The Revenue Inspector Marungur, Panruti Taluk +1cc to Mr.G.Muthu Kumar, Advocate, S.R.No.31557 +1cc to the Government Pleader, S.R.No.31790 W.P.No.18461 of 2015 KM(CO) CA(13/07/2015)