Parvathy .C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).No.7318 of 2024 1.C.Parvathy 2.C.Balasubramanian ... Petitioners Vs.

1.The District Collector, Collector Office, Dindigul, Dindigul District.

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

3.Silapadi Panchayat, Represented by its Secretary, Silapadi Village, Dindigul District.

4.V.Manivasagam, P.W.D. Contractor, Valga Valamudan Street, L.P.C.Complex, Dindigul, Dindigul District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from putting up any construction at Survey No.380/1A1A1 or Survey No.381 of M.N.Nagar, Nandavanapatti, Silapadi Village, Dindigul District on the basis of representation made by this petitioner dated 01.03.2024. For Petitioners : Mr.B.Rajesh Saravanan For R-1 & R-2 : Mr.S.Kameswaran Government Advocate For R-3 : Mr.M.Prakash Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned Additional Government Pleader appearing for the third respondent.

2. The petitioners are presently residing in the petition mentioned property. The photographs of the petitioners' residence have been enclosed in the typed set of papers. The petitioners' grievance is that right in front of their house, the third respondent has proposed to put some construction. The petitioners apprehend that this will affect their pathway rights.

3. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the third respondent, on instructions, 2/4

clarified that any construction will be put in such a way as not to affect the petitioners' pathway rights. In other words, the petitioners will be able to access their house.

4. With the above declaration in favour of the petitioners, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. 28.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The District Collector, Collector Office, Dindigul, Dindigul District.

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

3.The Secretary, Silapadi Panchayat, Silapadi Village, Dindigul District.

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G.R.SWAMINATHAN, J.

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