Anthony Jeyaraj v. The District Collector

W.P.[MD].No.8977 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.[MD].No.8977 of 2022 Anthony Jeyaraj .. Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Tiruchendur Revenue Divisional Office, Thoothukudi District.

3.Anthony Muthu 4.Anthony Lazar .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondentss 1 and 2 to remove the stones and other hindrance in the common pathway comprised in Survey No.64/1B of Kommadikottai Village, Sathankulam Taluk, Thoothukudi District based on petitioner's representation dated 10.03.2022. For Petitioner : Mr.Aayiram K.Selvakumar For Respondents 1 & 2 : Mr.D.Ganthiraj Special Government Pleader

O R D E R

Petitioner/Mr.Anthony Jeyaraj, S/o.Periyaviyagappan, resident of 3/95, South Street, Sokkankudiyieruppu, Kommadikottai Village, Sathankulam Taluk, Thoothukudi District, has come to this Court for issuance of a Writ of Mandamus, under Article 226 of the Constitution of India, directing the respondents 1 and 2 to remove the stones and other hindrance in the common pathway comprised in S.No.64/1B of Kommadikottai Village, Sathankulam Taluk, Thoothukudi District, on the basis of his representation dated 10.03.2022. 2.

Learned counsel for the petitioner submits that the third respondent and his group are having their residences at the same place and they have obstructed the public way by placing big stones causing nuisance to the general public in the vacant land in S.No.64/1B of Sokkankudiyieruppu, Kommadikottai Village, in which, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD].No.8977 of 2022 there is a Cemetery of the Village. The said land is also used as a common passage by all the villagers including the petitioner. In view of the big stones placed on the common pathway, the petitioner and other general public are not able to use the common pathway. Therefore, a representation dated 10.03.2022 has been given to the respondents 1 and 2, but the same has not been considered till date. 3.

Mr.D.Ganthiraj, learned Special Government Pleader taking notice for the respondents 1 and 2, sought four weeks time to consider the petitioner's representation dated 10.03.2022 by the respondents 1 and 2 and to pass appropriate orders. 4.

Recording the above said submission, without going into the merits of the case, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 10.03.2022 and do the needful, within a period of four weeks from the date of receipt of a copy of this order.

5.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) bala/smn2 To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Tiruchendur Revenue Divisional Office, Thoothukudi District.

+1 CC to M/s.SPL.GP ( SR-23506[F] dated 06/05/2022 ) ORDER MADE IN W.P.[MD].No.8977 of 2022 DATED : 05.05.2022 PKP/26.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2