Madras High CourtWP/23745/2021disposed of

Anbazhagan v. The District Collector

2021-11-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.23745 of 2021 and W.M.P.Nos.24999 & 25000 of 2021

1. Anbazhagan

2. Ayyandurai

3. A.Selvam

4. Raja ... Petitioners Vs

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Mettur Taluk, Mettur, Salem District.

3. The Assistant Director, Department of Horticulture, Mecheri BDO Office Compound, Mecheri - 636 453, Mettur Taluk, Salem District ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents and their subordinates from disturbing the pathway/access from their residential houses to main road through the land in S.No.325/6, situated at Mecheri Village, Mettur Taluk, Salem District and consequently, direct the 1st respondent to consider their objection dated 12.10.2021. For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents and their subordinates from disturbing the pathway/access from their residential houses to main road through the land in S.No.325/6, situated at Mecheri Village, Mettur Taluk, Salem District and consequently, direct the first respondent to consider their objection dated 12.10.2021.

2. Heard, Mr.M.R.Jothimanian, learned counsel appearing for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

3. The petitioners owned agricultural land comprised in survey No.325/4C, 325/5D, 4B, 332/6A, 7J and 7 C etc., situated at Mecheri Village, Mettur Taluk, Salem District. They constructed their respective houses in their respective shares and residing there. In front of their houses and adjoining to their lands, the road margin land is existing in survey No.325/6 to an extent of 10 cents situated at Mecheri Village, Mettur Taluk, Salem District, which is classified as 'Tharisu'. It is situated adjacent to their land and the said land is used as pathway to access from their respective houses to Main Road.

4. While being so, the third respondent measured the land, to an extent of 10 cents comprised in survey No.325/6, to put up permanent structure and thereby denied to access the petitioners house. Therefore, the petitioners raised objections and submitted a detailed report before the first respondent. While pending the said objections, again the third respondent put up construction and as such, the petitioners approached this Court. Pending writ petition, by a communication dated 27.10.2021, the Joint Director, Department of Horticulture, Salem, sent a communication to the second and third petitioners stating that they are not intended to put up any construction for the project called "Development of Integrated Value Chain in Vegetable" in the land comprised in survey No.325/6.

5. However, the learned counsel for the petitioners submitted that if any construction put up in the said land, it would be hindrance to access the petitioners respective houses.

6. Considering the above, whenever the third respondent intended to put up any construction in the disputed land, the objections raised by the petitioners has to be considered by the first respondent, after giving them an opportunity of hearing and pass orders on merits and in accordance with law.

7. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Lpp To

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Mettur Taluk, Mettur, Salem District.

3. The Assistant Director, Department of Horticulture, Mecheri BDO Office Compound, Mecheri - 636 453, Mettur Taluk, Salem District +1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.61346 +1cc to the Government Pleader, S.R.No.61912 W.P.No.23745 of 2021 and W.M.P.Nos.24999 & 25000 of 2021 PA(CO) SU(06/01/2022)