Kannammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Kannammal ..

Appellant Vs 1.The District Collector, District Collectorate Office, Tiruvannamalai District.

2.The Tahsildhar, Tiruvannamalai Taluk, Tiruvannamalai District-606 604.

3.The Revenue Divisional Officer, Tiruvannamalai Sub-Division, Tiruvannamalai District-606 604.

4.The Panchayat President, Konalur Village & Post, Tiruvannamalai Taluk, Tiruvannamalai District.

5.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 15.7.2021 made in W.P.No.28831 of 2012.

For the Appellant : Mr.N.Kumar Rajan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.U.Bharanidharan Addl. Government Pleader

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.N.Kumar Rajan, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. The appellant has filed the appeal against the order dated 15.7.2021 made in W.P.No.28831 of 2012. The appellant is the original writ petitioner. On the date of hearing, the appellant

remained absent before the learned Single Judge. The learned Single Judge also recorded the statement of learned counsel for the respondents in the writ petition that there is no proposal pending with the respondent authorities to create a pathway or road through patta lands. Recording the said statement, the writ petition was dismissed.

3. In case, the respondents indulge in any overt act to create the pathway, which according to the appellant is not permissible, then the same would give rise to a fresh cause of action and the appellant may seek redressal in accordance with law.

4. With the aforesaid observation, the writ appeal stands disposed of. There will be no order as to costs. Consequently, C.M.P.No.20726 of 2021 is closed.

(S.V.G., CJ.) (P.D.A., J.) 14.06.2023 Index : Yes/No bbr

To 1.The District Collector, District Collectorate Office, Tiruvannamalai District.

2.The Tahsildhar, Tiruvannamalai Taluk, Tiruvannamalai District-606 604.

3.The Revenue Divisional Officer, Tiruvannamalai Sub-Division, Tiruvannamalai District-606 604.

4.The Panchayat President, Konalur Village & Post, Tiruvannamalai Taluk, Tiruvannamalai District.

5.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

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

bbr 14.06.2023