B.Vasudevan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 35335 of 2024 B.vasudevan

...Petitioner

Vs.

1.The District Collector Thiruvannamalai District, Thiruvannamalai.

2.The Tahsildar Kilpennathur Taluk, Kilpennathur, Thiruvannamalai District.

3.The Village Administrative Officer Vedanthavadi Village, Kilpennathur Taluk, Thiruvannamalai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents to issue patta for the above said pathway situated in S.No. 336/2 (Part), Vedanthavadi Village, Kilpennathur Taluk, Thiruvannamalai District, to the extent of 10 cents. 1/5

For Petitioner :

Mr. C.Prakasam For Respondents :

Mr. A.Selvendran 1 to 3 Special Government Pleader.

O R D E R

A mandamus is sought for by the petitioner to issue patta in respect of pathway situate in S.No.336/2 (part). Vedanthavadi Village, Kilpennathur Taluk, Thiruvannamalai District.

2. The petitioner's case is that the land is used as a pathway to reach his house site for over several years and except for this pathway there is no access to reach the petitioner's house site. The petitioner had approached the respondents on several occasion to issue patta. The petitioner would submit that if no patta is granted, anti social elements would occupy and sell the pathway. Therefore, the petitioner is before this Court.

3. The petitioner has himself stated that the property is pathway. 2/5

The petitioner cannot be granted a patta in respect of pathway which is being used by the public. It is for the revenue authorities and local authorities to safeguard the pathway, in case of any encroachment. The relief claimed by the petitioner cannot be granted to him.

4. Therefore, the Writ Petition is dismissed. No costs. 22.11.2024 Index : Yes/No Internet : Yes/No kan To 1.The District Collector Thiruvannamalai District, 3/5

Thiruvannamalai.

2.The Tahsildar Kilpennathur Taluk, Kilpennathur, Thiruvannamalai District.

3.The Village Administrative Officer Vedanthavadi Village, Kilpennathur Taluk, Thiruvannamalai District.

P.T. ASHA. J, kan 4/5

W.P.No. 35335 of 2024 22.11.2024 5/5