Poonkani v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Poonkani ... Petitioner vs.

1.The District Collector, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.Tahsildar, Ottapidaram Taluk, Tuticorin.

4.The Block Development Officer, Ottapidaram Panchayat Union, Tuticorin.

5.K.Kanagaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 2nd Respondent Tahsildar to take spot visit, survey common land reserved for Street available in Survey No.763/22 of Muramban Revenue Village, Ottapidaram Taluk, Tuticorin District and earmark street separately from other patta lands by considering common representation, dated 1/5

24.02.2025 submitted by the petitioner and 5 other members to the 1st Respondent and subsequent representation dated 29.03.2025 submitted to the 2nd Respondent.

For Petitioner :Mr.P.Jeyasankar For R1 to R4 :Mr.B.Saravanan Additional Government Pleader *****

O R D E R

Heard Mr.P.Jeyasankar, learned Counsel appearing on behalf of the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing on behalf of the respondents 1 to 4. 2.The grievance of the petitioner is that S.No.763/22, which is reserved for Street, is now being enjoyed by the private respondent No.5. The petitioner has given a representation on 24.02.2025 seeking survey to be conducted and to restore the street in S.No.763/22. 3.The learned Additional Government Pleader, on instructions, submits that S.No.763/22 is a patta land and not a street. 2/5

4.However, considering the fact that the petitioner seeks only for an enquiry to be conducted and orders being passed on his representation dated 24.02.2025, and follow up representation, dated 29.03.2025, it would suffice to direct the second respond to enquire into the matter and also carry out spot inspection to ascertain the lay of the property and also the existence of street, if any, as claimed by the petitioner and thereafter, shall dispose of the petitioner's representations, dated 24.02.2025 and 29.03.2025 after giving an opportunity to the petitioner as well as to the fifth respondent. The said exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order. 5.The Writ Petition is disposed of accordingly. No costs. Index :Yes / No 15.04.2025 Internet :Yes / No NCC :Yes / No cmr 3/5

To 1.The District Collector, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.Tahsildar, Ottapidaram Taluk, Tuticorin.

4.The Block Development Officer, Ottapidaram Panchayat Union, Tuticorin.

4/5

P.B.BALAJI, J.

cmr 15.04.2025 5/5