Ramesh. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.6312 of 2023 S.Ramesh ... Petitioner -vs1.The District Collector Tirunelveli District Tirunelveli 2.The Sub Collector Cheranmahadevi Tirunelveli District 3.The Tahsildar Radhapuram Taluk Tirunelveli District 4.The President Levenchipuram Village Panchayath Levenchipuram Tirunelveli District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents 1 to 4 from putting up iron fencing by blocking the way in between the petitioner's family property in S.No.814/1A and Kanyakumari National High Way in Levenchipuram Village, Radhapuram Taluk, Tirunelveli District.

For Petitioner :

Mr.S.Saravanakumar For Respondents :

Mr.A.Baskaran Additional Government Pleader for R1 to R3 Mr.P.T.Thiraviyam Government Advocate for R4

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The petitioner seeks a writ of mandamus forbearing the respondents from putting up iron fencing, which would have the effect of blocking the way available to his property in Survey No.814/1A and Kanyakumari National Highway at Levenchipuram Village.

2. The right espoused by the petitioner is a right of easment of right of way. The same cannot be made as a subject matter of a writ petition under Article 226 of the constitution of India. Hence, this writ petition is

dismissed reserving the liberty to the petitioner to approach the Civil Court to establish his right.

3. Before parting with this writ petition, we could not resist observing that the attempt made by the Government to fence the land classified as Mandhai or Kalam is, by itself, a retrograde step, which would prevent the normal user of the land, which is left for communal purpose. It is a common knowledge that Mandhai and Kalam are lands, which are left for communal purpose to be used by all the villagers. If they are to be fenced, the villagers will be denied user of the lands. It is for the Government to look into this aspect before going ahead with this kind of projects, which will only result in enriching the contractors. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 28.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4.The President, Levenchipuram Village Panchayat, Levenchipuram, Tirunelveli District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.6312 of 2023 28.03.2023