R.Malliga v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI R.Malliga ..

Petitioner Vs.

1. The District Collector Thiruvannamalai District Thiruvannamalai 606 808.

2. The Revenue Divisional Officer Thiruvannamalai 606 601 Thiruvannamalai District.

3. The Tahsildar Thiruvannamalai Taluk Thiruvannamalai 606 601 Thiruvannamalai District.

4. Selvaraj

5. Balu ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to

3 to cancel the patta issued in favour of the respondents 4 and 5 in S.Nos.13/1E and 13/1G1 Periyakallapadi Village, Thiruvannamalai Taluk & District and made entry in the village revenue records as Panchayat road by disposing the written representation made by the petitioner on 06.08.2024 within a stipulated time. For the Petitioner : Mr.C.Prakasam For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for Respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents 1 to 3 to cancel the patta issued to the respondents 4 and 5 on the ground that the land in question is a road.

2. According to the petitioner, the respondents 4 and 5 have encroached the pathway in the land in question, which is a Panchayat road. The representation dated 06.08.2024 made to the official respondents did not evoke any response. Hence, the above

writ petition.

3. Learned State Government Pleader produced the written instructions from the third respondent and submitted that as per the revenue records, pathway runs through the patta lands and that there is no encroachment in the pathway.

4. In the view of the above and since the petitioner has not produced any material to substantiate her claim, we do not find any merit in the writ petition. Accordingly, the writ petition is dismissed. The petitioner is at liberty to work out her remedies in the manner known to law. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B., J.) 27.08.2024 Index :

Yes/No Yes/No kpl

To

1. The District Collector Thiruvannamalai District Thiruvannamalai 606 808.

2. The Revenue Divisional Officer Thiruvannamalai 606 601 Thiruvannamalai District.

3. The Tahsildar Thiruvannamalai Taluk Thiruvannamalai 606 601 Thiruvannamalai District.

D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.

(kpl) 27.08.2024