Sebastian, S/O.Susaiyudayar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Sebastian : Petitioner versus 1.The District Collector Collectorate Ariyalur District 2.The Thasildhar Jayakondam Taluk, Ariyalur District 3.The Revenue Divisional Officer Udayarpalayam, Ariyalur District 4.The Village Administrative Officer Susaiyapparpattinam Jayamkondam Taluk, Ariyalur District 5.Selvarasu 6.Anbalagan 7.Rajendran : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 11.06.2018 and further direct the 2nd respondent to remove the obstruction made by the respondents 5 to 7 in a public road situated in S.No.416/1 in Suryamanal Village Account Udayarpalayam Taluk, Ariyalur District

For the Petitioner :

No appearance For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for respondents 1 to 4 Mr.A.Murugan, for respondents 5 to 7

ORDER

(Made by the Hon'ble Chief Justice) The matter was called out in the morning session; none appeared for the petitioner. The matter was kept back. The matter is called up in the afternoon session. Again, there is no representation for the petitioner.

2. The petitioner is seeking directions against the second respondent to remove the obstruction made by respondents 5 to 7 in public road situate at S.No.416/1, Suryamanal Village, Udayarpalayam Taluk, Ariyalur District.

3. We have heard Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 4 and Mr.A.Murugan, learned counsel for respondents 5 to 7.

4. Status report has been filed by the Tahsildar, Udayarpalayam Taluk, Ariyalur District. It is stated that patta for Survey No.416/1 is given under UDR Scheme. Patta has been obtained by six individuals. Patta holders have constructed the houses in land and are living there. In the remaining land, they have constructed fence. There is no clear record of existence of pathway.

5. In light of that, no further orders can be passed in the Writ Petition. However, if the petitioner has some other remedy, the petitioner may avail the same.

6. The Writ Petition stands disposed of. There will be no order as to costs. Consequently, WMP Nos.20558 and 20559 of 2018 are closed.

(S.V.G., CJ.) (P.D.A., J.) 16.08.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Ariyalur District

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 2.The Thasildhar Jayakondam Taluk, Ariyalur District 3.The Revenue Divisional Officer Udayarpalayam, Ariyalur District 4.The Village Administrative Officer Susaiyapparpattinam Jayamkondam Taluk, Ariyalur District 16.08.2023