Navaneethakannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Navaneethakannan ... Petitioner Vs.

1.The District Collector, 1st Floor, Collectorate, Salem-636 001.

2.The Revenue Divisional Officer, District Collector's Office, Mettur, Salem District.

3.Tahsildar, Kannankurichi Main Road, Gurukkal Colony, Manakkadu, Salem-636 007.

4.Unnamalai 5.Sethupathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd Respondent to act on the representation sent by the petitioner dated 02.08.2023 and to cancel the patta issued to the 4th and 5th Respondent family and to enable the public from making 1/5

use of the pathway situate in Poromboke land in S.No.67/2, 67/3, Veerakal Pudhur Village, Metur Taluk, Salem District.

For Petitioner : Ms.S.Nandhini Devi for Mr.R.Subramanian For Respondents : Mr.S.J.Sathik Mohamed Government Advocate (for R1 to R3)

ORDER

The petitioner herein seeks a direction to the 2nd Respondent to consider the representation dated 02.08.2023 seeking cancellation of patta issued in favour of Respondents 4 and 5 in respect of the alleged public pathway situated in Survey Nos.67/2 and 67/3 in Veerakal Pudhur Village, Metur Taluk, Salem District.

2. It is the case of the petitioner that the subject property has been used as a public pathway by the petitioner and other residents of the village. It is further alleged that patta for 41 cents of land in the public pathway has been wrongly issued in favour of private Respondents. Aggrieved by the same, the petitioner submitted a representation on 02.08.2023 seeking cancellation of patta issued in favour of the private Respondents however the same has not been considered. Hence, the petitioner has come before this Court. 2/5

3.The learned Government Advocate who takes notice for the Respondents 1 to 3 would submit that the representation of the petitioner will be considered by the Respondents in accordance with law, within the time stipulated by this Court.

4. In view of the same without going into the merits of the claim made by the petitioner, the 2nd Respondent is directed to consider the representation of the petitioner dated 02.08.2023 and pass final orders on its own merits within a period of 12 weeks from the date of receipt of a copy of this order after issuing necessary notice to the petitioner, Respondents 4 and 5 and other interested parties.

5. Accordingly, the writ petition stands disposed of. No costs. 25.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/5

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S. SOUNTHAR, J.

mka To:

1.The District Collector, 1st Floor, Collectorate, Salem-636 001.

2.The Revenue Divisional Officer, District Collector's Office, Mettur, Salem District.

3.Tahsildar, Kannankurichi Main Road, Gurukkal Colony, Manakkadu, Salem-636 007.

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