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Madras High CourtWP/30275/2024disposed of

S.Muthulingam v. The District Collector,

2024-10-17Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P Nos.30275 of 2024 and WMP.No.32953 of 2024

1. S.Muthulingam

2. Sadhiq Basha

3. Periyasamy

4. Amutha

5. Prakash

6. K.Arumugam

7. Mariyammal

8. Chithra

9. Ammasi 10.Sagaya Selvarani 11.Veeramuthu 12.Venkatachalam 13.Chandiran 14.Sathish 15.Ramalingam 16.Ramachandiran 17.Manikkam 18.Sekar 19.Shankar 20.Selvam 21.Ramasamy 22.Thirumalai 23.Kuthan 24.Azhagappan 25.Shajakhan 26.Mohammad 1/6

27.Pandiyan 28.Kamalakannan 29.Sakthivel 30.Samidurai ..Petitioners Vs.

1. The District Collector, Collectret Office, Kallakurichi.

2. The District Revenue Officer, Office of the District Revenue Officer, Kallakurichi District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarapuram Taluk, Kallakurichi District.

4. The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

5. Amutha

6. Naresh

7. Mookkaye

8. Manjula

9. Parvathi

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first to fourth respondents to consider the representation dated 20.05.2024, which was sent on 04.06.2024 and take action against the fifth to ninth respondents. 2/6

For Petitioner : Mr.G.Vivekanand For Respondents : Mr.D.Gopal for R1 to R4 Government Advocate

O R D E R

The petitioners herein seek a direction to the respondents 1 to 4 to consider their representation dated 20.05.2024 and take action against the respondents 5 to 9.

2. It is the case of the petitioners that the land situated in S.Nos.5/1A, 5/2A, 5/3A and 4/1A at Thirukkanangur Villge, Snakarapuram Taluk, Kallakurichi District, is classified as pathway in the revenue records and the same has been used by the petitioners' as access for more than 100 years. The respondents violating the Revenue Standing Order 26 (15) granted patta in the name of the private respondents. Therefore, the petitioners submitted a representation before the respondents seeking cancellation of the patta issued in the name of the private respondents and restoration of the said land as pathway. The said representation has not been considered till date. Hence, the petitioners are before this Court. 3/6

3. Mr.D.Gopal, learned Government Advocate, who takes notice for the respondents 1 to 4 would submit that the representation of the petitioners will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioners dated 20.05.2024 and pass final order, on its own merits, within a period of 8 weeks from the date of receipt of copy of this order, after issuing necessary notice to the respondents 5 to 9 and other interested parties.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 17.10.2024 (1⁄2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6

To

1. The District Collector, Collectret Office, Kallakurichi.

2. The District Revenue Officer, Office of the District Revenue Officer, Kallakurichi District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarapuram Taluk, Kallakurichi District.

4. The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

5/6

S.SOUNTHAR , J.

dna W.P Nos.30275 of 2024 and WMP.No.32953 of 2024 (1⁄2) 17.10.2024 6/6