Chellamuthu v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Chellamuthu .... 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: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to consider the Petitioner's representation dated 8.2.2025 and directing the Respondents to remove the detailed pathway in the Petitioner's land in survey Nos. 629/4A, 629/7C, 630/1B2, 630/2A, 631/2B2, 631/3A to an extent of 3-14.50 Hectares which is situated at Kotthayam Village, Ottanchatram Taluk, Dindigul District.

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For Petitioner : Mr.T.Ramsamy For Respondents : Mr.B.Saravanan, Additional Government Pleader

ORDER

The petitioner has sought for issuance of a Writ of Mandamus to direct the respondents to remove the detailed pathway, which was originally used by the agriculturists in the Village.

2. With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal at the admission stage.

3. I have heard Mr.T.Ramasamy, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

4. It is the case of the petitioner that subsequently the Government laid a pucca Thar road to access their respective lands and the detailed pathway, which runs inside the petitioner's property, has not been put to any public use. On the strength of the averments, the petitioner prayed 2/5

for writ of mandamus. The petitioner has also given a representation, dated 08.02.2025 to the authorities.

5. Considering the above, the second respondent has to consider the said representation of the petitioner and pass orders on merits after conducting the physical inspection of the subject property and satisfying that the detailed pathway is not being used by the public, in view of the Thar road being laid by the Government subsequently. If the second respondent is satisfied with the request of the petitioner, then, the second respondent shall pass suitable orders, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Index : Yes / No NCC : Yes / No 20.03.2025 am To 3/5

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

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

P.B. BALAJI , J.

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am Order made in Dated:

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