K.Senthilkumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.SENTHILKUMAR ... PETITIONER vs.
1. THE DISTRICT COLLECTOR, O/O.DISTRICT COLLECTOR, TRICHY DISTRICT.
2. THE ASSISTANT DIRECTOR/PERSONAL ASSISTANT (LAND SURVEY), O/O.DISTRICT COLLECTOR, LAND SURVEY RECORDS DEPARTMENT, TRICHY-1
3. THE TAHSILDAR, CIRCLE OFFICE, LALGUDI, TRICHY DISTRICT.
4. THE REVENUE INSPECTOR, LALGUDI CIRCLE, LALGUDI, TRICHY DISTRICT.
5. THE VILLLAGE ADMINISTATIVE OFFICER, PUTHUR UTHAMANOOR VILLAGE, LALGUDI CIRCLE, TRICHY DISTRICT.
6. C.MAHARAJAN ... RESPONDENTS Page No.1 of 6
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent upon the Government Poromboke land (Common Pathway) comprised in S.No. 428/25 situated at Mariamman Kovil Nadu Street, Puthur Uthamanoor Village, Lalgudi Sub Registration District, Trichy District, and to ensure that above said Government Poromboke land is used as a public pathway based on the order/proceedings Na.Ka.A1/2760-2016 dated 10.01.2017 passed by the Tahsildar, Lalgudi the 3rd respondent herein and the proceedings O.Mu.A3/3573/2019 dated 02.07.2019 passed by the Assistant Director/Personal Assistant (Land Survey), Trichy District, the 2nd respondent herein, within the time which may be stipulated by this Court.
For Petitioner : Mr.Y.Krishnan For R1 to R5 : Mr.J.Ashok Additional Government Pleader For R6 : Mr.R.Sundar
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent, upon the Page No.2 of 6
Government Poramboke land (Common Pathway), comprised in S.No. 428/25, situated at Mariamman Kovil Nadu Street, Puthur Uthamanoor Village, Lalgudi Sub Registration District, Trichy District, and to ensure that above said Government Poramboke land is used as a public pathway, based on the order/proceedings Na.Ka.A1/2760-2016, dated 10.01.2017, passed by the Tahsildar, Lalgudi, the 3rd respondent herein, and the proceedings in O.Mu.A3/3573/2019, dated 02.07.2019, passed by the Assistant Director/Personal Assistant (Land Survey), Trichy District, the 2nd respondent herein, within a time frame. 2.
Alleging encroachment on the public pathway in the abovesaid survey number, the petitioner herein had given representations to the official respondents on 24.06.2019 and 02.07.2019. Since the said representations were not considered, the present Writ Petition has been filed.
3. Heard both sides and perused the materials available on record. 4.
Since there is a considerable lapse of time after the earlier representations were made, the petitioner herein is granted liberty to Page No.3 of 6
give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondent, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.
5.
With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
(M.S.R, J.) (A.D.M.C, J.) 11.12.2024 Index : Yes / No bala Page No.4 of 6
To
1. THE DISTRICT COLLECTOR, O/O.DISTRICT COLLECTOR, TRICHY DISTRICT.
2. THE ASSISTANT DIRECTOR/PERSONAL ASSISTANT (LAND SURVEY), O/O.DISTRICT COLLECTOR, LAND SURVEY RECORDS DEPARTMENT, TRICHY-1
3. THE TAHSILDAR, CIRCLE OFFICE, LALGUDI, TRICHY DISTRICT.
4. THE REVENUE INSPECTOR, LALGUDI CIRCLE, LALGUDI, TRICHY DISTRICT.
5. THE VILLLAGE ADMINISTATIVE OFFICER, PUTHUR UTHAMANOOR VILLAGE, LALGUDI CIRCLE, TRICHY DISTRICT.
Page No.5 of 6
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 11.12.2024 Page No.6 of 6