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Madras High CourtWP/30536/2023dismissed with cost

M.Selvaraj, S/O.Meyvel v. The District Collector

2023-11-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Selvaraj ..

Petitioner Vs.

1. The District Collector Salem.

2. Sub Collector Salem.

3. The Tahsildar Mettur Taluk Salem District.

4. The Village Administrative Officer Mettur Taluk, Soorapalli Village Salem District.

5. Raja

6. Madumitta

7. Loganathan ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to consider the petitioner representation dated 12.01.2023. For the Petitioner : Mr.V.V.Sairam For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 to 4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.V.Sairam, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 4.

2. On the last date, we adjourned the matter at the request of learned counsel for the petitioner to demonstrate from the record the existence of pathway.

3. Today, no such documents are placed on record.

4. Learned Special Government Pleader, on the instructions of Tahsildar, submits that the lands in question are patta lands and owned by private persons.

5. Learned counsel for the petitioner submits that the petitioner and other villagers are using the said lands as pathway since many years.

6. As no pathway exists as per the records and the lands are private lands, the relief claimed by the petitioner cannot be granted. In case the petitioner claims easementary rights, it is for the petitioner to seek declaration from the civil Court.

7. With the aforesaid observation, the writ petition is dismissed with costs.

(S.V.G., CJ.) (D.B.C., J.) 06.11.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Salem.

2. Sub Collector Salem.

3. The Tahsildar Mettur Taluk Salem District.

4. The Village Administrative Officer Mettur Taluk, Soorapalli Village Salem District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 06.11.2023