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Madras High CourtWP/34071/2023disposed of

A.Vendamirtham v. The District Collector

2023-12-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Vendamirtham : Petitioner versus

1. The District Collector, Tindivanam Taluk, Villupuram District.

2. The Sub-Collector, Tindivanam Taluk, Villupuram District.

3. The Tahsildar, Tindivanam Taluk, Villupuram District.

4. The Block Development Officer, Block Development Office, Mayilam, Villupuram District.

5. Durairaj

6. Gopalakrishnan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents particularly the 3rd respondent to consider petitioner's representation dated 30.01.2023 to remove the trees from the common passage bearing Survey No.232/3 measuring to an extent of 0.02.0 Ares, Nedimozhiyanur Village, Tindivanam Taluk, Villupuram District.

For the Petitioner :

Mr.G.Mohammed Aseef For Respondent Nos.1 to 4 :

Mr.P.Muthukumar, State Government Pleader,

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.G.Mohammed Aseef, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 4.

2. There is nothing on record to substantiate the contention of the learned counsel for the petitioner that S.No.232/3,Nedimozhiyanur Village, Tindivanam Taluk, Villupuram District, is a pathway.

3. According to the learned State Government Pleader, S.No.232/3 is a canal and trees have grown at one side of the canal; and no pathway exists.

4. In the absence of any authentic documents with regard to the existence of pathway and trees in the pathway, no further orders

can be passed by this Court.

5. The writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 11.12.2023 Index : Yes/No : Yes/No tar To

1. The District Collector, Tindivanam Taluk, Villupuram District.

2. The Sub-Collector, Tindivanam Taluk, Villupuram District.

3. The Tahsildar, Tindivanam Taluk, Villupuram District.

4. The Block Development Officer, Mayilam, Villupuram District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 11.12.2023