R.Jayakandham v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Jayakandham W/o.Rajendran, No.134, Irattaipuli Pudur, Thumbalpatti Post, Panamarathupatti Via, Salem District-636 204.
Petitioner Vs
1. The District Collector Salem District, Salem.
2.The District Chief Educational Officer, Salem District, Salem.
3.The Revenue Divisional Officer, Salem Revenue Division, Salem.
4.The Tahsildar, Salem Taluk, Salem District.
5.The Block Development Officer Panamarathupatti Panchayat Union, Salem Taluk, Salem District.
6.The Head Master Government High School, 1/6
Kammalapatti, Salem Taluk, Salem District.
Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents herein to consider and pass orders on the representation of the petitioner dated 17.02.2025 submitted for providing proper access / road for the people who are having patta lands in both sides of the Government Tharisu land in S.No.32/2 of Kammalapatti Village for entering into their respective patta lands including the petitioner in the event of developing/ compounding the Government Tharisu Lands to an extent of 2.00.5 hectares in S.No.32/2 of Kammalapatti Village, Panamarathupatti Panchayat Union, Salem Taluk, Salem District. For Petitioner :
Mr.Doraisamy Senior Counsel for Mr.Kandhan Duraisamy For Respondents :
Mr.P.Sathish Additional Government Pleader for R1 to R4 Mr.P.Murthy, for R5 *****
O R D E R
This writ petition has been filed for issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 17.02.2025, wherein the petitioner has sought for 2/6
providing proper access / road for all those persons including the petitioner, who are having patta lands in both sides of the Government Tharisu Land in S.No.32/2 at Kamalapatti Village.
2. Heard the learned Senior Counsel appearing on behalf of the petitioner, the learned Additional Government Pleader for the respondents 1 to 4 and the learned counsel for the fifth respondent.
3. It is seen from the records that there is a Government Tharisu Land that runs in S.No.32/2 in between several patta lands. The petitioner is seeking for access in this Tharisu land in order to have access to his patta land and also in order to lay underground pipelines for agricultural purposes. The District Collector, through proceedings dated 04.04.2023 has transferred the Tharisu Land to the District Chief Education Officer for the purpose of construction of a School. Under such circumstances, a detailed representation was given by the petitioner to ensure that the access is not prevented to the patta lands. Since the same was not acted upon, the present writ petition came to be filed before this Court.
4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the first respondent to deal with the representation made by 3/6
the petitioner on 17.02.2025 on its own merits and in accordance with law and conduct an enquiry with the petitioner and the other land owners, who are seeking for access to their respective patta lands. A decision shall be taken by the first respondent within a period of eight weeks from the date of receipt of a copy of this order.
The Writ Petition is disposed of in the above terms. There shall be no order as to costs.
29.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To
1. The District Collector Salem District, Salem.
2.The District Chief Educational Officer, Salem District, Salem.
3.The Revenue Divisional Officer, Salem Revenue Division, Salem.
4.The Tahsildar, Salem Taluk, Salem District.
5.The Block Development Officer Panamarathupatti Panchayat Union, Salem Taluk, Salem District.
4/6
6.The Head Master Government High School, Kammalapatti, Salem Taluk, Salem District.
N.ANAND VENKATESH, J mk 5/6
29.04.2025 6/6