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Madras High CourtWP/26655/2023dismissed

R.Bhakthavatchalam v. The District Collector

2023-09-12Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM R.Bhakthavatchalam

...Petitioner

-Vs1.The District Collector, Krishnagiri District.

2.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

3.The Thasildhar, Uthangarai Taluk, Krishnagiri District.

4.The Block Development Officer, Uthangarai Taluk, Krishnagiri District.

5.The Panchayat President, Vengadathampatti Panchayat, Uthangarai Taluk, Krishnagiri District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider petitioner representation dated 20.07.2020 and 07.05.2023 and issue patta to the pathway to petitioner land in Survey No.89/2 and 89/3 of Vengadathampatti Village starting from Vengadathampatti main road through the government poromboke land in Survey No.89/4 of Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District. For Petitioner :

Ms.G.Ranjani For R1 to R3 :

Mr.D.Ravichander Special Government Pleader For R4 & R5 :

Mr.T.M.Rajangam Government Advocate

ORDER

The relief sought for in the present Writ Petition is to consider the petitioner's representations dated 20.07.2020 and 07.05.2023 and issue patta to the pathway to the petitioner's land in Survey Nos.89/2 and 89/3 of Vengadathampatti Village starting from Vengadathampatti main road through the Government poromboke land in Survey No.89/4 of Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District. 2/4

2. The very relief sought in this writ petition is absolutely misconceived. The petitioner is seeking patta to the pathway which is commonly used by the people of that locality. The revenue authorities cannot grant patta in respect of Government lands, pathway, water bodies, etc., which is impermissible under law. Thus, the representations submitted by the petitioner are untenable and cannot be considered by the authorities competent. Therefore, the petitioner has not established even semblance of right for the purpose of considering the relief as such sought for in this writ petition.

3. With the above observation, the Writ Petition stands dismissed. No costs.

12.09.2023 Index:Yes Speaking order pal/hvk 3/4

S.M.SUBRAMANIAM, J.

pal/hvk To 1.The District Collector, Krishnagiri District.

2.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

3.The Thasildhar, Uthangarai Taluk, Krishnagiri District.

4.The Block Development Officer, Uthangarai Taluk, Krishnagiri District.

5.The Panchayat President, Vengadathampatti Panchayat, Uthangarai Taluk, Krishnagiri District.

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