P.Surya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.24322 of 2024 P.Surya ... Petitioner -VsThe District Collector, The office of the District Collector, Jayankondam Road, Ariyalur - 621704.

... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the proceedings of the respondent made in Na.Ka. Aa1/1887/2024 dated 12.07.2024 and quash the same and further directing the respondent to relocate the proposed construction of new library building to any other suitable site.

For Petitioner : Mr.M.Ganesh For Respondent : Mr.P.Harish Government Advocate

ORDER

This writ petition has been filed challenging the order passed by the respondent dated 12.07.2024, thereby rejected the request made by

the petitioner seeking pathway to reach the land.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner owned land ad-measuring 1.93 ares comprised in S.No.344/1B2 in Jayankondacholapuram Revenue Village, Udayarpalayam Taluk, Ariyalur District under Patta No.10035. The said land is surrounded by three sides by lands of private parties comprised in S.No.344/1B1, 344/1C and 344/2A. According to the petitioner, he has access to reach his land from Trichy-Chidambaram State Highways on the northern side of his property. While being so, in front of the petitioner's land, there is a poromboke land in which, the respondents proposed to construct a library. If the library building is constructed, it will affect his pathway to reach his property. Therefore, the petitioner submitted a representation and the same was not considered and as such, the petitioner approached this Court in W.P.No.6677 of 2024 and this Court, directed to consider the representation and pass orders.

4. As directed by this Court, the respondent conducted enquiry and concluded that even after proposal for library, the petitioner's father settled the property in his favour without any access to the said property. That apart, between the library building in S.No.447/1, ad-measuring 0.71.65 ares and the petitioner's land, there is a gap to the width of 3 metres. Therefore, the petitioner can very well use the said 3 metres pathway to reach his property. That apart, now the construction of library building is almost over and the learned Government Advocate appearing for the respondent produced photographs to show the same.

5. Therefore, this Court finds no infirmity or illegality in order passed by the respondent and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. No costs. 02.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The District Collector, The office of the District Collector, Jayankondam Road, Ariyalur - 621704.

02.08.2024