S.Prakash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Prakash
...Petitioner
Versus
1.The District Collector, Office of District Collector, Namakkal.
2.The Tahsildhar, Office of Tahsildhar, Rasipuram, Namakkal District.
3.The Secretary, Gurusamypalayam Sengunthar Magajana Higher Secondary School, Pillanallur, Rasipuram Taluk, Namakkal District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to consider the Online Application dated 07.07.2025 made by the petitioner to sub-divide and demarcate the 14 feet wide north-south public pathway property running in the western boundary of the land comprised in S.F.No.121/1D, 121/1C, 121/1B of Pillanallur Village, Rasipuram Taluk, Namakkal District which extends up to Arulmurugan Nagar existing at S.F.No.121/1A of Pillanallur Village, Rasipuram Taluk, Namakkal District and the Representation dated 08.07.2025 and pass orders on the same within 1/6
a reasonable time as fixed by this Court.
For Petitioner :
Mr.D.Jeevitha For Respondents - 1 & 2:
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 relief sought in this writ petition is to direct the 2nd respondent to consider the Online Application dated 07.07.2025 made by the petitioner seeking to sub-divide and demarcate the 14 feet wide North-South public pathway property running in the Western boundary of the land comprised in S.F.No.121/1D, 121/1C, 121/1B of Pillanallur Village, Rasipuram Taluk, Namakkal District which extends up to Arulmurugan Nagar existing at S.F.No.121/1A of Pillanallur Village, Rasipuram Taluk, Namakkal District and the Representation dated 08.07.2025 and pass orders on the same within a reasonable time as fixed by this Court.
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3. At the outset, learned Special Government Pleader appearing for the respondents 1 & 2 submitted that the 2nd respondent would consider the petitioner's Online Application dated 07.07.2025, within a time frame to be fixed by this Court.
4. The above submission made by the learned Special Government Pleader for the respondents 1 & 2 has been fairly conceded by the learned counsel for the petitioner.
5. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The 2nd respondent shall consider the petitioner's Online Application dated 07.07.2025, in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 3rd respondent, adjacent land owners and all other interested parties including rival claimants, if any.
(ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the 2nd respondent to call for any document/conduct enquiry to satisfy itself of the 3/6
petitioner's entitlement for requesting survey of subject property. (iii) The 2nd respondent shall complete the entire process within a period of twelve weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. (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 2nd 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. No costs.
01.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6
To 1.The District Collector, Office of District Collector, Namakkal.
2.The Tahsildhar, Office of Tahsildhar, Rasipuram, Namakkal District.
3.The Secretary, Gurusamypalayam Sengunthar Magajana Higher Secondary School, Pillanallur, Rasipuram Taluk, Namakkal District.
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MOHAMMED SHAFFIQ, J.
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