S.Kothandapani v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No. 35661 of 2024 in W.P. No.32835 of 2024 S.Kothandapani ... Petitioner vs 1.The Commissioner of Land Administration, Ezilaham,Chepak, Chennai.
2.The District Collector, Office of the District Collector, Coimbatore.
3.The Thasildar, Kinathukadavu Taluk, Kinathukadavu, Coimbatore District.
4.The Assistant Divisional Engineer (Highways) Construction and Maintenance, Kinathukadavu, Coimbatore District.
5.The Assistant Engineer (Highways), Construction and Maintenance, Kinathukadavu, Coimbatore District.
... Respondents Page Nos.1/7
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari by quashing the proceedings of the 5th respondent in proceedings impugned order in Ku.No.92/Akkramippu/2024-25/oo.po dated 25.10.2024 and consequently allowing the petitioner to use the cart track leading to his agricultural land.
For Petitioner :
Mr.P.Muthukrishnan For Respondents :
Mr.Vadivelu Deenadayalan Additional Government Pleader
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition'' (hereinafter 'WP' for the sake of brevity) pertains to what according to the writ petitioner is a cart track.
2. Writ petitioner has assailed 'proceedings signed on 25.10.2024 made by R5 (Assistant Engineer (Highways), Construction and Maintenance, Kinathukadavu, Coimbatore)' [hereinafter 'impugned proceedings' for the sake of convenience and clarity] and a scanned reproduction of the same is as follows:
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3. Learned counsel for writ petitioner submits that the cart track is the only access to the writ petitioner's land.
4. Issue notice to respondents.
5. Mr.Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice for all five respondents. Mr.Vadivelu Deenadayalan submits on instructions that it is open to the writ petitioner to make a representation to R4 (The Assistant Divisional Engineer (Highways), Construction and Maintenance, Kinathukadavu, Coimbatore District) and R4 will consider the same subject to writ petitioner not objecting to further requirement for highways.
6. In any event, as regards the aforementioned impugned proceedings, we find that R5 has only mentioned about the proceedings through Highways Department.
7. Be that as it may, as regards cart track or cart track being only access to writ petitioner's land, those are all matters of Page Nos.4/7
easementary right and probably easement of necessity which we will not go into in a writ petition.
8. As regards captioned WP is concerned, suffice to say that it is open to the writ petitioner to make a representation to R4 on the above lines and it is equally open to R4 to consider the representation suitably on its own merits and in accordance with law.
9. Considering the limited scope of the captioned main WP, main WP was taken up in the Admission Board with the consent of both sides.
10. Recording the aforementioned stated position of the respondents' State counsel, captioned WP is disposed of as closed. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 05.11.2024 Index : Yes / No mmi Page Nos.5/7
To 1.The Commissioner of Land Administration, Ezilaham,Chepak, Chennai.
2.The District Collector, Office of the District Collector, Coimbatore.
3.The Thasildar, Kinathukadavu Taluk, Kinathukadavu, Coimbatore District.
4.The Assistant Divisional Engineer (Highways) Construction and Maintenance, Kinathukadavu, Coimbatore District.
5.The Assistant Engineer (Highways), Construction and Maintenance, Kinathukadavu, Coimbatore District.
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M.SUNDAR, J., and K.RAJASEKAR, J., mmi 05.11.2024 Page Nos.7/7