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Madras High CourtWP(MD)/6522/2025disposed of

Soundarya v. The Assistant Director Land Survey Department/

2025-03-12Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.B.BALAJI Soundarya ... Petitioner Vs

1. The Assistant Director Land Survey Department / Personal Assistant to District Collector, Collectorate, Dindigul.

2. The District Revenue Officer, Dindigul District, Dindigul.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 08.02.2025 and directing the respondents to remove the detailed pathway in the petitioner's land in Survey No. 635 to an extent of 2 Acres 23 cents which is situated at Kotthayam Village, Ottanchatram Taluk, Dindigul District.

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For Petitioner : Mr.T Ramasamy, For Respondents : Mrs.S.Jeyapriya Government Advocate

O R D E R

The petitioner has sought for issuance of writ of Mandamus to direct the respondents to remove the detailed pathway in the petitioner's land comprised in Survey No.635 measuring an extent of 2 acres and 23 cents, Kotthayam Village Ottanchatram Taluk, Dindigul district. 2.I heard the learned Counsel for the petitioner and Mrs.Jeyapriya, learned Government Advocate.

3.The specific contention of the petitioner is that the property belonging to the petitioner was being used by the villagers for reaching their respective lands. However, subsequently the Government has laid a tar road and the said tar road in Survey No.873 and 874 are alone being used to access the respective fields of the villagers and agriculturists. Therefore, the petitioner has sought for removing the detailed pathway in Survey No.635 as it is not being used any longer. The petitioner has 2/5

given a representation in this regard on 08.02.2025. 4.It would suffice to issue a direction to the second respondent to consider the petitioner's request for removing the detailed pathway in Survey No.635. The said exercise shall be carried out by the second respondent, after conducting a physical inspection and also making local enquiries in the village with regard to the contentions of petitioner that the petitioner's lands are no longer used by the agriculturists and also after affording an opportunity to the petitioner. The above said exercise shall be concluded within a period of twelve weeks, from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs.

12.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To

1. The Assistant Director Land Survey Department / Personal Assistant to District Collector, Collectorate, Dindigul.

2. The District Revenue Officer, Dindigul District, Dindigul.

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P.B.BALAJI , J.

LR 12.03.2025 5/5