Subramaniyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Subramaniyan .. Petitioner

Versus

1.The District Collector Kallakurichi District 2.The Revenue Divisional Officer Revenue Divisional Office Kallakurichi Taluk & District 3.The Tahsildar Chinnasalem Taluk, Kallakurichi District 4.Palaniyammal .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 21.6.2024 and cancel the patta in favour of the 4th respondent respect in S.No.92/5B in Manmalai village, Chinnasalem Taluk, Kallakurichi District.

For Petitioner : Mr.V.Gunasekar For Respondents : Mr.A.Selvendran for R1 to R3 Special Government Pleader 1/4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. Since, no adverse order is passed against the private respondent, notice to the private respondent is dispensed with.

2. This Writ Petition is filed to direct the respondent to consider the petitioner's representation dated 21.6.2024 and cancel the patta in favour of the 4th respondent in respect of S.No.92/5B in Manmalai village, Chinnasalem Taluk, Kallakurichi District.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

4. It is the grievance of the writ petitioner that even in the partition deed, there is a pathway clearly earmarked. However, patta has been granted in respect of the pathway in an individual name. In this regard, the petitioner has given a representation to the third respondent on 21.06.2024 to cancel the same, which is pending without consideration till date. Hence, this writ petition.

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5. On perusal of the record, particularly, the partition deed dated 24.07.1993, it would indicate that there is a pathway clearly earmarked. Such view of the matter, there shall be a direction to the third respondent to dispose of the representation of petitioner dated 21.06.2024 by conducting proper enquiry and pass appropriate orders on the merits and in accordance with law after giving opportunity to the fourth respondent. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 02.08.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The District Collector Kallakurichi District 2.The Revenue Divisional Officer Revenue Divisional Office Kallakurichi Taluk & District 3.The Tahsildar Chinnasalem Taluk, Kallakurichi District 3/4

N. SATHISH KUMAR , J.

dhk W.P.No.21644 of 2024 02.08.2024 4/4