Madras High CourtWP/1816/2014disposed of

N.A.Ponnusamy v. The District Revenue Officer

2016-12-15Honourable The Chief Justice,Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.1816 of 2014

1. N.A.PONNUSAMY

2. M.SIVASUBRAMANIYAM

3. N.VELUSAMY

4. G.BALUSAMY

5. N.MARIMUTHU

6. K.PALANISAMY

7. K.KRISHNAMOORTHY .. Petitioners Vs.

1. The District Revenue Officer

2. The Revenue Divisional Officer Erode Revenue Division, Erode District.

3. The Tahsildar Erode taluk, Erode District.

4. The Assistant Commissioner HR & CE Department Jawan Bhavan, Gandhiji Road Erode.

5. The Inspector HR & CE Department Jawan Bhavan, Gandhiji Road Erode.

6. S.Ramasamy Hereditary trustee Karichikumarasamy koil Chellampampalayam Chittode (via), Erode District - 638 102.

7. The Panchayat President Perode Panchayat Erode Taluk, Erode District.

8. P.Mahendran

9. R.Venkatachalam 10.T.Eswari @ Rajeswari 11.T.Krishnakumar .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing respondents 1 to 3 to take necessary steps to remove the illegal Fencing done by the respondents 8 to 11 in the Common Pathway situated in S.F.No.187/3, 187/4, 187/5 in Perode Village, Erode Taluk, For Petitioners : Mr.M.Easan For Respondents : Ms.Vasudha Thiagarajan Addl. Government Pleader for respondents 1 to 3 Mr.M.Maharaja Spl. Government Pleader for respondents 4 and 5 No appearance for respondents 6 to 11

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The controversy which emerges is whether the land over which the petitioners seek right of passage is actually a government poromboke foot path as even stated by the Tahsildar/third respondent in the counter affidavit or the land belongs to the temple as is sought to be urged before us on behalf of the HR & CE Department by the learned Special Government Pleader.

2. The learned Special Government Pleader states that apart from the petitioners some third parties had also filed suit proceedings claiming right of passage over this land in which they failed.

3. On hearing learned counsel for parties, we call upon the second respondent/Revenue Divisional Officer to look into this

issue with the assistance of the third respondent/Tahsildar and the HR & CE Department with records of any suit proceedings which may have been finalized and a fresh measurement at site be carried out to re-verify as to the nature of the land and the claim of the petitioners would thus depend on the aforesaid exercise. The exercise be completed within a maximum period of three months from the date of receipt of the order. The petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

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