G.Vasanthakokilam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and WMP Nos.34378, 34379 and 34380 of 2022 G.Vasantha Kokilam

...Petitioner

Vs

1. The District Collector, Office of the Collector, Krishnagiri District, Krishnagiri.

2. The Superintendent of Police, Krishnagiri.

3. The Deputy Superintendent of Police,

4. The Inspector of Police, Barur Police Station, Krishnagiri District 1/6

5. The Tahsildar,

6. The Firka Surveyor, Pochampalli Taluk Office,

7. V.Logeshwari

8. G.Malar

9. G.Partheeban 10.N.Saroja 11.P.Palaniyammal 12.A.Kasturi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 1 to 6 from creating or establishing any pathway in Survey Nos.167/1A and 167/2 in any form either by modification or correction of the revenue records of sub-division of the petitioner's lands in Survey Nos.167/1A and 167/2 or otherwise..

For Petitioner : Mr.N.R.S.Ganesan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader For R.1 to R.6 Mr.M.Vignesh For R.7 Mr.M.Mariappan For R.8 to R.12 2/6

ORDER

Heard Mr.N.R.S.Ganesan, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 6, Mr.M.Vignesh, learned counsel for the seventh respondent and Mr.M.Mariappan, learned counsel for the respondents 8 to 12.

2. The apprehension of the petitioner is that since she is the owner of the land comprised in Survey Nos.167/1A and 167/2 of Barur Village, Pochampalli, Krishnagiri District, the respondents 1 to 6 have no authority to modify, convert or make any entries in the revenue records for the purpose of creating a pathway in the subject lands.

3. The official respondents 1 to 6 have filed counter affidavit before this Court, in which, they have specifically stated that the official respondents have only surveyed the land of the seventh respondent and 3/6

have not created any fresh pathway in the petitioner's land in Survey Nos.167/1A and 167/2. In paragraph no.18 of the counter affidavit, the official respondents have stated that the seven respondent has searched and traced the survey stones in all the nearby lands and has not created any fresh path in the lands of the writ petitioner and the further course of the action will be taken in accordance with the judgment and decree to be passed by the Civil Court in O.S.No.20 of 2020, pending on the file of District Munsif, Pochampalli.

4. In view of such statement made by the official respondents, the petitioner's apprehension is hereby protected and recording the statement made by the official respondents in their counter affidavit to the aforesaid effect, the writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.

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To

1. The District Collector, Office of the Collector, Krishnagiri District, Krishnagiri.

2. The Superintendent of Police, Krishnagiri.

3. The Deputy Superintendent of Police,

4. The Inspector of Police, Barur Police Station, Krishnagiri District

5. The Tahsildar,

6. The Firka Surveyor, Pochampalli Taluk Office, Krishnagiri District 5/6

M.S.RAMESH,J.

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