Mahendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N. SESHASAYEE W.P.No.31536 of 2019 Mahendran ..

Petitioner Vs 1.The District Collector Vellore, Vellore District.

2.The Revenue Development Officer Vellore, Vellore District.

3.The Thasildhar Anaicut Taluk Anaicut, Vellore District.

4.The Block Development Officer Anaicut Taluk, Vellore District.

5.Ramesh ..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 27.09.2019 by cancelling the pattas issued in the gracing lands (Pasture Lands) situated in Survey Nos.500 & 501, at Chinna Ganganallore Village, Anaicut Post & Taluk, Vellore District and to ensure the usage of the old road for the public purposes within stipulated period.

For Petitioner :

Mr.M.Sathish Kumar For Respondents:

Mr.P.S.Sivashanmugasundaram, Spl. Govt. Pleader for R1 to R3 Mr.J.Purushothaman for R4

O R D E R

[Order of the Court was made by M.SATHYANARAYANAN, J] By consent, this writ petition is taken up for final disposal.

2. The petitioner is an Ex-Army Personnel and after discharging his service in Army, he is carrying on agricultural operation. The grievance expressed by him is that S.No.500/4.5 is classified as 'pathway' and it is being used by the people belonging to the Scheduled Tribes as well as the Adidravidar and other entity people for ingress and egress to their agricultural fields However, the 5th respondent had put up a superstructure right across the pathway and there being impede the access of the residents of the said locality and in this regard, a representation was given to the first respondent and it was also acknowledged in petition No.2019/9005/04/012572/0603, dated 03.06.2019 and the learned counsel appearing for the petitioner would submit that despite receipt and acknowledgment of the said representation, no action has been taken and therefore, the petitioner is constrained to approach this Court by filing this writ petition.

3.

This Court heard the submission of Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, who accepts notice on behalf of respondents 1 to 3 and Mr.J.Purushothaman, learned counsel who accepts notice on behalf of respondent No.4.

4. This Court taking into consideration the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, directs the respondents 3 and 4 to put the petitioner as well as the 5th respondent on notice and cause inspection on Survey Nos.500 and 501, at Chinna Ganganallor Village, Anaicut Post & Taluk, Vellore District within a period of four weeks from the date of receipt of a copy of this order and depending upon the result of the inspection, shall take appropriate action in accordance with law within a further period of six weeks thereafter and communicate the decision taken, to the petitioner as well as to the 5th respondent. This writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar vsm

To 1.The District Collector Vellore Vellore District.

2.The Revenue Development Officer Vellore, Vellore District.

3.The Thasildhar Anaicut Taluk Anaicut, Vellore District.

4.The Block Development Officer Anaicut Taluk, Vellore District.

+1cc to Mr.M.Sathish Kumar, Advocate, S.R.No. 92882 W.P.No.31536 of 2019 NRL(CO) GN(31/12/2019)