R. Thavasi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)No.1 of 2013 R.Thavasi ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Theni Division, Theni.

3.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, Theni District.

4.The Commissioner, Gudalur Municipality, Gudalur, Theni District.

5.The Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

6.A.Raja 7.Paulraj ... Respondents 1/5

(R7 impleaded, vide Court order, dated 07.02.2014, in M.P.(MD) No.1 of 2014 in W.P.(MD)No.

20403 of 2013) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to remove the boulders and babul trees put in the entrance of the petitioner's agricultural landed property and for free access by way of ingress and egress to the petitioner's agricultural landed properties comprised in Survey No.1227 situate at Keezha Gudalur Village, Uthamapalayam Taluk, Theni District.

For Petitioner : Mr.R.R.Kannan For R1 to R4 : Mr.P.Thambidurai Government Advocate For R6 : No appearance For R7 : Mr.K.Govindarajan *****

O R D E R

The present writ petition has been filed seeking a Writ of Mandamus, as against the official respondents to remove the boulders and babul trees which are obstructing the entrance of the petitioner into his agricultural land.

2.According to the learned Counsel for the petitioner, this 2/5

obstruction has been created by the respondents 6 and 7 herein. On 07.01.2014, this Court has directed the 4th respondent herein to file a report. As per the said report, the 4th respondent has stated that there is a municipal road which terminates on the fringe of Survey No.1227, which is the petitioner's property. Hence, a direction was issued to the respondents 4 and 5 to remove the obstacles, obstructing the entry into the Survey Nos.1227 and 1228. According to the learned Counsel for the petitioner, the order of this Court has been complied with and the obstructions have already been removed by the official respondents. 3.The said fact is recorded. No further orders are required. Hence, the writ petition is closed. Consequently, connected miscellaneous petition is closed.

04.08.2022 Index :

Yes / No Internet :

Yes / No Tmg 3/5

To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Theni Division, Theni.

3.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, Theni District.

4.The Commissioner, Gudalur Municipality, Gudalur, Theni District.

4/5

R.

VIJAYAKUMAR ,J.

Tmg Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

Order made in 04.08.2022 5/5