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Madras High CourtWP/21125/2024dismissed

B.Vasuki v. The District Collector

2024-07-31Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR B.Vasuki ... Petitioner Vs 1.The District Collector O/o.District Collector Office Villupuram 2.The Sub Collector O/o.Sub Collector Office Jaggampettai, Tindivanam Tamil Nadu - 604 001 3.The Tahsildar Vanur Taluk Office Vanur, Aroville Villupuram District Tamil Nadu 605 101 4.Venugopal Chettiar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd respondent to consider petitioner's representation dated 06.06.2024. For Petitioner : Mr.M.M.Javadh Page 1/4

For Respondent : Mr.A.Selvendran Spl. Govt. Pleader for R1 to R3

O R D E R

This writ petition has been filed for a direction to the 3rd respondent to consider petitioner's representation dated 06.06.2024.

2. It is the contention of the petitioner that she purchased a property and put up a construction. However, the common pathway has been blocked by the fourth respondent. In this regard, the petitioner has given a representation to the respondents. Hence seeks a direction.

3. The learned Special Government Pleader appearing for the respondents, on instructions, would submit that there is no common pathway as alleged by the petitioner and only the temporary way used by the parties has been blocked now by the owner of the property. Hence, he submitted that they cannot decide this issue.

4. In such view of the matter, whether the property is a common pathway or not, has to be established in a proper manner and not by way of a writ Page 2/4

petition. Let the petitioner file a civil suit and work out her remedy before the civil court.

5. With the above observation, the writ petition is dismissed. However, there is no order as to costs.

31.07.2024 Index : Yes / No : Yes / No Asr To 1.The District Collector O/o.District Collector Office, Villupuram 2.The Sub Collector O/o.Sub Collector Office Jaggampettai, Tindivanam, Tamil Nadu - 604 001 3.The Tahsildar Vanur Taluk Office Vanur, Aroville Villupuram District Tamil Nadu 605 101 N.SATHISH KUMAR , J.

Asr 4.The Government Pleader High Court, Madras Page 3/4

31.07.2024 Page 4/4