Madras High CourtWP/47897/2025disposed of

Rangasamy v. The District Collector

2025-12-11Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025 Coram The Honourable Mr.Justice Abdul Quddhose RANGASAMY ..Petitioner Vs.

1 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE NAMAKKAL DISTRICT 637 001.

2 THE TAHSILDAR MOHANUR TALUK, NAMAKKAL DISTRICT.

3 PERUMAYEE 4 MALLIGA 5 ETTIGAN Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to subdivide the 15 feet public pathway comprised in S. nos 281/14G 281/15C 281/15B, 281/15A situate in Kutlamparai village, Mohanur Taluk, Namakkal Distrct and enter the same in the field Measurement Book (FMB) by considering the petitioner's representation dated 08.09.2025 within the time frame as fixed by this Court.

For Petitioner : Mr.S.Senthil For Respondents 1 & 2 : Mr.D.Ravichander Special Government Pleader Respondents 3 to 5 : Notice Dispensed with 1/5

Order The Writ Petition has been filed seeking for a direction to the respondents 1 and 2 to sub-divide the 15 feet public pathway (morefully described in the prayer to this Writ Petition) based on the petitioner's representation dated 08.09.2025, within a time frame to be fixed by this Court.

2. The petitioner's grievance in this Writ Petition is that in view of the hindrance caused by the private respondents, viz., respondents 3 to 5, the public pathway (referred to supra) cannot be utilized by the petitioner and other persons properly. The petitioner's claim is that, if the public pathway is sub-divided, it can be put to full use by the petitioner and others. Under those circumstances, the petitioner has given a representation dated 08.09.2025 to the respondents 1 and 2. Since the said representation has not been considered till date, the petitioner has filed this Writ Petition. 2/5

3. Mr.D.Ravichander, learned Special Government Pleader accepts notice for respondents 1 and 2.

4. No prejudice would be caused to the respondents 3 to 5, if the petitioner's representation is considered on merits and in accordance with law, after hearing the objections of the respondents 3 to 5 as well as any other third party, whom, the respondents 1 and 2 deem it fit to enquire. Since, no adverse orders are passed against respondents 3 to 5, notice to the said respondents is dispensed with. This Court is not expressing any opinion on the merits of the representation made by the petitioner.

5. For the foregoing reasons, this Court directs the respondents 1 and 2 to pass final orders on merits and in accordance with law on the petitioner's representation dated 08.09.2025 seeking to sub-divide the 15 feet pathway for the property (morefully described in the prayer to this Writ Petition) after hearing objections of the respondents 3 to 5 as well as any other third party, whom, the respondents 1 and 2 deems it fit to enquire within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the aforesaid direction, this Writ Petition is disposed of. No costs.

11.12.2025 sd Index : yes/no To 1 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE NAMAKKAL DISTRICT 637 001.

2 THE TAHSILDAR MOHANUR TALUK, NAMAKKAL DISTRICT 4/5

Abdul Quddhose,J., sd 11.12.2025 5/5