← Library
Madras High CourtWP/27373/2025disposed of

A.Durairaj v. The District Collector

2025-07-30Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Durairaj : Petitioner Vs.

1.The District Collector, District Collectorate, Thiruppur District -641604.

2.The District Revenue Officer, District Collectorate, Thiruppur District-641604.

3.The Tahsildar, Tahsildar Office, Kangayam -638701.

4.The Revenue Divisional Officer, Revenue Divisional Office, Tharapuram, Thiruppur District-638656 : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1,2,3 and 4 to mark the road runs through Survey Nos.476/10 and 476/12 as a government road, on considering the petitioner's representation dated 24.03.2025 and third respondent's Memo in Na.Ka.4350/2024/U dated 20.12.2024 and pass orders. 1/5

For Petitioner :

Mr.A.Kumar For Respondent :

Mr.A.Selvendran Special 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.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1,2,3 and 4 to mark the road running through Survey Nos.476/10 and 476/12 as a government road, on considering the petitioner's representation dated 24.03.2025 and third respondent's Memo in Na.Ka.4350/2024/U dated 20.12.2024.

3. At the outset, it is submitted by the learned Special Government Pleader for respondents that on the basis of the above representation, an enquiry has been called for by the fourth respondent. He would submit that they would complete the enquiry and pass appropriate orders, after hearing the petitioner, any other interested parties, if orders are yet to be passed, within a time frame to be fixed by this Court. If orders are passed, copy of the same would be furnished to the 2/5

petitioner, which was agreed to by the learned counsel for petitioner.

4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The respondents shall complete the enquiry on the basis of the representation dated 24.03.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any.

ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law.

iii) The petitioner's representation dated 24.03.2025 shall be disposed of within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy, if the representation is not yet disposed of. If it is already disposed of, the respondents shall furnish a copy of the same to the petitioner.

3/5

iv) It is made clear that this Court has not expressed any views with 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. Rights and contentions of the petitioner and all other interested parties are left open.

5. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

30.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, District Collectorate, Thiruppur District -641604.

2.The District Revenue Officer, District Collectorate, Thiruppur District-641604.

3.The Tahsildar, Tahsildar Office, Kangayam -638701.

4.The Revenue Divisional Officer, Revenue Divisional Office, Tharapuram, Thiruppur District-638656 4/5

MOHAMMED SHAFFIQ, J.

(mrn) 30.07.2025 5/5