S.Nishanth v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Nishanth ... Petitioner Vs.

1. The District Collector, Erode District.

2. The Revenue Divisional Officer, Erode District.

3. The Tahsildar, Kodumudi Taluk, Erode District.

4. The Village Administrative Officer, Sivagiri E Village, Kodumudi Taluk, Erode District.

5. Manika Sundaram

6. Pazhanisamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the 3rd respondent in Oo.Mu.1045/2025/A1 dated 1/5

03.05.2025 and to quash the same as illegal, incompetent and ultravires and consequently to direct the 1st respondent to pass orders for the peaceful usage of the cart tract in S.Nos.1251/2, 1252/1, 1253/1 and 1253/3 in Sivagiri A Village, Kodumudi Taluk, Erode District by considering the petitioner representation dated 07.04.2025.

For Petitioner(s) : Mr.M.Guruprasad For R1 to R4 : Mr.P.Sathish Additional Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 5th and 6th respondents is dispensed with.

2. The present writ petition is filed praying for a writ of certiorarified mandamus, challenging the order passed by the 3rd respondent in Oo.Mu.1045/2025/A1, dated 03.05.2025, on the premise that the above order denies the petitioner's right to use the cart track in S.Nos.1251/2, 1252/1, 1253/1 and 1253/3, situated in Sivagiri A Village, Kodumudi Taluk, Erode District.

3. The learned counsel for the respondent would submit that the order 2/5

dated 03.05.2025 passed by the 3rd respondent clearly mentions that there is no encroachment in S.Nos.1251/2, 1252/1, 1253/1 and 1253/3 and that the petitioner can use the same as a cart track.

4. On a reading of the impugned proceeding, this Court also finds that S.Nos.1251/2 1252/1 1253/1 and 1253/3, is free of obstruction and encroachment and it is always open to the petitioner to use the same as a cart track. In view thereof, the writ petition itself is filed on a gross misconception/misreading of the impugned order. With these observations the writ petition stands closed. No costs.

24.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 3/5

To:

1. The District Collector, Erode District.

2. The Revenue Divisional Officer, Erode District.

3. The Tahsildar, Kodumudi Taluk, Erode District.

4. The Village Administrative Officer, Sivagiri E Village, Kodumudi Taluk, Erode District.

4/5

MOHAMMED SHAFFIQ, J.

spp 24.06.2025 5/5