Ramesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.2719 of 2024 Ramesh ... Petitioner Vs.

1 The District Collector, District Collector Office, Erode.

2 The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3 The Thasildhar, Anthiyur, Erode District.

4 The Assistant Engineer, Public Works Department, (Water Resources Management) Backside to Sub- Registrar Office, Anthiyur, Erode District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to rectify the error and thereby reclassify the S.F. No 905 /2 at Anthiyur A revenue Village, Anthiyur Taluk , Erode District as Erikarai Pathai by considering the representation of the petitioner herein dated 27.07.2023 and 12.10.2023.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.T.Arunkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first respondent to rectify the error and to reclassify the S.F. No.905/2 at Anthiyur A Revenue Village, Anthiyur Taluk, Erode District as Erikarai Pathai, by considering the petitioner's representations dated 27.07.2023 and 12.10.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

3. It is the contention of the petitioner is that the property comprised in S.F.No.905/2 at Anthiyur A Revenue Village, Erode District is a pathway to the petitioner's land and the Public Tank existing at S.F.No.906 of the said village. The said land was originally classified as Government Poramboke pathway and later it was classified as Poiyerikarai Natham. Hence the petitioner made a representations dated 27.07.2023 and 12.10.2023 before the respondents to rectify the error.

Since the respondents have not considered the petitioner's representation, the petitioner has filed the present writ petition.

3. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representations 27.07.2023 and 12.10.2023, if the petitioner is otherwise eligible after issuing notice to the petitioner, all the villagers of the Anthiyur A Revenue Village / interested parties/rival claimants/adjacent land owners of the subject matter/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

04.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The District Collector, District Collector Office, Erode.

2 The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3 The Thasildhar, Anthiyur, Erode District.

4 The Assistant Engineer, Public Works Department, (Water Resources Management) Backside to Sub- Registrar Office, Anthiyur, Erode District.

P.VELMURUGAN, J.

mfa and W.M.P.No.2719 of 2024 04.03.2024