M.Palani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2022 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.5544 of 2017 M.Palani

...Petitioner

Vs 1.The District Collector, District Collectorate, 2.The Tahsildar, Uthukottai Taluk, 3.E.Seenivasan 4.E.Dilli 5.E.Loganathan ... Respondents Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 22.08.2016 to declare the Government Poramboke land as public road in Survey No.115/4 at No.80, Alapakkam Village, Uthukottai Taluk, Thiruvallur District.

For Petitioner : Mr.M.Madhan Kumar For R1 & R2 : Mr.M.Shahjahan Special Government Pleader For R3 to R5 : No Appearance

ORDER

This Writ Petitioner has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 22.08.2016 to declare the Government Poramboke land as public road in Survey No.115/4 at No.80, Alapakkam Village, Uthukottai Taluk, Thiruvallur District.

2.The case of the petitioner is that, the land adjacent to the petitioner's land is a Government Poramboke land comprised in Survey No.115/4, which the petitioner and other adjacent land owners have been using as public pathway. While so, the respondents 3 to 5 with the help of some forged documents have been trying to occupy the said Government Poramboke land and trying to prevent the petitioner and other farmers to use the said land as public road. Therefore, the petitioner made a representation to the first respondent to take action against the respondents 3 to 5. The first respondent forwarded the same to the second respondent for consideration. However, the official respondents had not taken any action till date. Therefore, the present Writ Petition.

3.The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the representation of the petitioner will be considered. If the said land is Government Poramboke land, necessary steps will be taken to remove the encroachment and the request of the petitioner to use the land as public pathway will be considered in accordance with law.

4. Considering the submission made by the learned Special Government Pleader, this Court directs the respondents 1 and 2, to dispose of the petitioner's representation dated 22.08.2016 on merits in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 5.In the result, this Writ Petition is disposed of. No Costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rst To:

1.The District Collector, District Collectorate,

2.The Tahsildar, Uthukottai Taluk, +1cc to M/s.J.Ganesh, Advocate Sr.4450 +1cc to the Government Pleader Sr.4321 W.P.No.5544 of 2017 pmk[co] srg 08/02/2022