J.David v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 15640 of 2020 and W.M.P. No.19490 of 2020 J.David, S/o. P.John Ross ... Petitioner

Versus

1. The Principal Secretary, Land Administrative Department, Ezhilagam, Chepauk, Chennai-5.

2. The District Collector, First Floor, Collectorate, Thiruvalluvar Dt.-602 001.

3. The Tahsildar, Madhavaram Taluk, Madhavaram.

4. The Revenue Inspector, Madhavaram Taluk, Madhavaram.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to consider the representation dated 10.02.2020 and consequently, convey the public pathway to the petitioner as accepted by the 2nd respondent vide petition status on 26.11.2017. For Petitioner : M/s.Nathan and Associates For Respondents : Mr.M.Manigopi, Govt. Advocate

O R D E R

(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the 2nd respondent to dispose the petitioner's representation dated 10.02.2020.

2. The grievance of the petitioner is that, he is owner of the land in Survey Nos. 37/1, 37/2, 37/3, 37/3A in Vadaperumpakkam Village, Ambathur Taluk, Thiruvallur District, and to reach his land, there is no proper pathway available. Hence, the petitioner has filed an application before the 2nd respondent seeking for pathway to a poramboke land, for which, the petitioner is ready and willing to provide alternative patta land. Based on his representation, enquiry was also conducted in the year 2017, however, so far, no order has been passed. Hence, the present Writ Petition has been filed by the petitioner.

3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's representation and to pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of eight weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rpp To

1. The Principal Secretary, Land Administrative Department, Ezhilagam, Chepauk, Chennai-5.

2. The District Collector, First Floor, Collectorate, Thiruvalluvar Dt.-602 001.

3. The Tahsildar, Madhavaram Taluk, Madhavaram.

4. The Revenue Inspector, Madhavaram Taluk, Madhavaram.

+1cc to M/s.Nathan and Associates, Advocate Sr.22510 +1cc to the Government Pleader Sr.22787 W.P.No. 15640 of 2020 and W.M.P.No.19490 of 2020 glp[co] srg 20/04/2021