R.Arokiyasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Arokiyasamy, S/o.Rayappan ... Petitioner Vs.
1.The District Collector, District Collectorate, Integrated Complex, Villupuram.
2.The Assistant Director (Union), Office of the Deputy Director (Union), Integrated Complex, Villupuram.
3.The Block Development Officer, Mugaiyur Panchayat Union Office, Manam Poondi, Kandachipuram Taluk, Villupuram District.
4.The Tahsildar, Kandachipuram Taluk Office, Kandachipuram, Villupuram District.
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5.The President, Athichanur Village, Kandachipuram Taluk, Villupuram.
6.M.Thiyagarajan Pillai, S/o.Manickam Pillai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first to fourth respondents to consider the petitioner's representation dated 27.05.2025 and to pass orders in declaring the 22 feet land reserved in Government Poramboke Land in S.No.15/7 situated at Athichanur Village, is public pathway, and also to made relevant classification in revenue records as public pathway within a reasonable time frame. For Petitioner : Mr.S.Natarajan For Respondents :
For R1, R2 and R4 : Mr.P.Sathish Additional Government Pleader For R3 and R5 : Mr.M.Rajendran 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 sixth respondent is dispensed with.
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2. The present writ petition is filed for a writ of mandamus to direct the first to fourth respondents to consider the petitioner's representation dated 27.05.2025 and to classify the 22 feet land reserved in Government Poramboke Land comprised in S.No.15/7 situated at Athichanur Village, Kandachipuram Taluk, Villupuram District as public pathway and also to carryout necessary changes in relation to the classification in revenue records.
3. It is submitted by the learned counsel for the petitioner that the property comprised in S.No.15/7 was originally classified as Government Poramboke Land. The fourth respondent namely the Tahsildar, Kandachipuram Taluk Office, Kandachipuram, Villupuram District has ordered to construct threshing floor in the subject property in S.No.15/7 for the welfare of the farmers. The adjacent land owners opposed to construction of threshing floor by blocking the way of the petitioner as well as several other farmers to reach their land from the main road. 3.1. It is submitted that the sixth respondent who is also one of those aggrieved persons, opposed construction of the threshing floor in S.No.15/7 blocking the pathway usage to reach the property of the sixth respondent in S.No.12/1 and S.No.12/4 and filed a Writ Petition in W.P.No.24473 of 2024 3/7
wherein, the prayer was to construct threshing floor leaving 22 feet as pathway from the main road leading to the sixth respondent's property in S.No.12/1 and S.No.12/4.
3.2. It is further submitted that this Court vide its Order dated 23.08.2024 disposed of the above Writ Petition in W.P.No.24473 of 2024 by directing the respondents to consider the representation dated 14.08.2024 of the petitioner therein, who is the sixth respondent herein. Pursuant thereto, the third respondent has passed orders on 14.05.2025, to construct threshing floor after leaving 22 feet as pathway.
3.3. It is submitted that the petitioner now found difficulty inasmuch as the sixth respondent has assumed that the 22 feet pathway is meant only to reach his lands and not for the public at large. It is submitted that the above assumption is completely misplaced inasmuch as the above 22 feet pathway was originally comprised in the land which was classified as Government Poramboke Land and therefore any attempt to prevent the public at large from access/use of the pathway is clearly unjustified. It is in these circumstances, the petitioner made a representation dated 27.05.2025 to the official respondents to declare 22 feet land 4/7
reserved in Government Poramboke Land comprised in S.No.15/7 situated at Athichanur Village, Kandachipuram Taluk, Villupuram District as a 'public pathway'. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.
4. On this being pointed out, the learned Additional Government Pleader for the first, second and fourth respondents would submit that they would consider the petitioner's representation dated 27.05.2025 and carry out necessary changes to the classification if any required in the revenue records and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the first to fourth respondents to consider petitioner's representation dated 27.05.2025 and carry out necessary changes in the revenue records regarding classification and complete the process within a period of 12 weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner as well as the sixth respondent, adjacent land owners and other interested parties including rival claimants if any. It is made clear that this Court has not expressed any views with 5/7
regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 30.06.2025 Speaking (or) Non Speaking Order arb To 1.The District Collector, District Collectorate, Integrated Complex, Villupuram.
2.The Assistant Director (Union), Office of the Deputy Director (Union), Integrated Complex, Villupuram.
3.The Block Development Officer, Mugaiyur Panchayat Union Office, Manam Poondi, Kandachipuram Taluk, Villupuram District.
4.The Tahsildar, Kandachipuram Taluk Office, Kandachipuram, Villupuram District.
5.The President, Athichanur Village, Kandachipuram Taluk, Villupuram.
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MOHAMMED SHAFFIQ, J.
arb 30.06.2025 7/7