P.Thirukumaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI P.Thirukumaran .... Petitioner /Vs./ 1.The District Collector, O/o.The District Collectorate, Madurai.

2.The District Revenue Officer, O/o.The District Revenue Officer, Collectorate, Madurai.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Collectorate, Madurai.

4.The Tahsildar, O/o.The Tahsildar, West Taluk, Madurai.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the 1/5

representation of the petitioner dated 21.12.2024 to reclassify the Survey No.117 of Melamathur Village of Madurai West Taluk as a pathway. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.C.Satheesh Government Advocate

ORDER

The petitioner has sought for issuance of writ of mandamus to consider his representation, dated 21.12.2024 to reclassify the Survey No.117 of Melamathur Village, Madurai West Taluk as a pathway.

2. I have heard Mr.S.Ramsundarvijayraj, learned counsel for the petitioner and Mr.C.Satheesh, learned Government Advocate appearing for the respondents.

3.Considering the limited scope of the relief sought for, with the consent of the parties, the writ petition itself is taken up for final disposal at the admission stage.

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4. Mr.C.Satheesh, learned Government Advocate appearing for the respondents would submit that the writ petition cannot be entertained for the simple reason that the lands are classified as Mayanam and the petitioner has no right to seek reclassification of the same as a pathway. However, the petitioner's contends that there has been no mayanam existing at any point of time and it is only an error that has crept in the UDR records, the same is sought to be reclassified as pathway in respect of his right of ingress and egress.

5. Without going into the merits of the claim of the petitioner, considering that the petitioner's representation is pending with the second respondent, it is suffice to direct the second respondent to consider the said representation and pass orders on merits, in accordance with law. It is made clear that this order does not confer any rights on the petitioner and it is for the petitioner to satisfy the second respondent with regard to the existing of the pathway and non existence of a Mayaanam as contended by him. The second respondent shall dispose of the petitioner's application within a period of twelve weeks from the date of receipt of a copy of this order.

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6. The writ petition is disposed of with the above directions. No costs.

Index : Yes / No NCC : Yes / No 12.02.2025 am TO:- 1.The District Collector, Madurai.

2.The District Revenue Officer, Collectorate, Madurai.

3.The Revenue Divisional Officer, Collectorate, Madurai.

4.The Tahsildar, West Taluk, Madurai.

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P.B. BALAJI , J.

am Order made in Dated:

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