A.Mani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.A.Mani 2.A.Thangavel
...Petitioner(s)
vs.
1.The District Collector, Namakkal District, Namakkal.
2.The District Revenue Officer, Namakkal District, Namakkal.
3.The Revenue Divisional Officer, Tiruchengode, Namakkal District, 4.The Tahsildar, Paramathi Velur Taluk, Namakkal District.
...Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to refrain from granting patta to any person in respect of the Government Poramboke land comprised in Survey No.810, situated at Vadakarai Attur Melmugam Village, Jedarpalayam Post, Paramathi Velur Taluk, Namakkal District by providing pathways rights through Survey Nos.794/3CC, 794/10 and 809, by considering petitioner's representation dated 20.06.2025. 1/6
For Petitioner(s) : Mr.S.Senthil For Respondent(s) : Mr.S.J.Mohammed Sathik Government Advocate
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 directing the respondents to refrain from granting patta to any person in respect of the Government Poramboke land comprised in Survey No.810, situated at Vadakarai Attur Melmugam Village, Jedarpalayam Post, Paramathi Velur Taluk, Namakkal District by providing pathways rights through Survey Nos.794/3CC, 794/10 and 809.
3. There are two parts to the prayer, the first part is to refrain grant of any patta in respect of the Government Poramboke land comprised in Survey No.810, situated at Vadakarai Attur Melmugam Village, Jedarpalayam Post, Paramathi Velur Taluk, Namakkal District.
4. Learned Special Government Pleader for respondents would submit 2/6
that insofar the first part of the prayer is concerned, as per G.O.Ms.No.97, Revenue and Disaster Management Department dated 21.02.2025, in order to issue patta in respect of Government Poramboke land, certain conditions have to be complied with. In the absence of any challenge to G.O.Ms.No.97, it may be difficult to sustain the prayer.
5. At this juncture, learned counsel for petitioners would submit that they would not press the first part of the prayer.
6. Insofar as the second part of the prayer is concerned, it is submitted that the properties comprised in Survey Nos.794/3CC, 794/10 and 809 ought not be used as a pathway.
7. Learned Special Government Pleader for respondents would submit that they would consider the request in terms of petitioners' representation dated 20.06.2025 after affording the petitioner and other interested parties a reasonable opportunity of hearing.
8. In view thereof, the writ petition stands disposed of with a direction to 3/6
the appropriate respondent to consider petitioners' representation dated 20.06.2025 and pass appropriate orders in accordance with law after affording the petitioner and other interested parties a reasonable opportunity of hearing. 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. No costs. 01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Namakkal District, Namakkal.
2.The District Revenue Officer, Namakkal District, Namakkal.
3.The Revenue Divisional Officer, Tiruchengode, Namakkal District, 4.The Tahsildar, Paramathi Velur Taluk, Namakkal District.
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MOHAMMED SHAFFIQ, J.
mka 01.08.2025 6/6