Madras High CourtWP(MD)/14670/2018allowed

Murugesan v. The District Collector

2018-07-09Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14670 of 2018 Murugesan ... Petitioner vs.

1. The District Collector Ramanathapuram District Ramanathapuram

2. The Revenue Divisional Officer Paramakudi Taluk Ramanathapuram District

3. The Tahsildar Paramakudi Taluk Ramanathapuram District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to take necessary action for providing the pathway to the petitioners house in Survey No.355/10, situated at Maruchukatti Village, Melaparthibanur Group, Paramakudi Taluk, Ramanathapuram District, in the light of the communication of the third respondent, dated 22.11.2017, within a stipulated time. For Petitioner :

Mr.B.Prahalad Ravi For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that though lands were assigned to him in the year 2012, he is unable to put up any construction in accordance with the assignment conditions in view of the fact that there is no pathway to the assigned lands. https://hcservices.ecourts.gov.in/hcservices/

4. It is seen that the statement of the petitioner is also ratified by the third respondent vide proceedings, dated 02.06.2017, wherein it is observed that there is no pathway to the assigned lands comprised in Survey Nos.355/10, 20, 21, 22 and 9 of Maruchukatti Village. Therefore, in the absence of any pathway, I am unable to comprehend as to how the petitioner can put up any construction therein. Unless and until a pathway is provided to the assigned lands, the respondents may not be justified in demanding the petitioner to put up construction in the assigned lands.

5. In the light of the above observations, the petitioner is granted liberty to make a representation to the second respondent herein seeking for providing a pathway to his assigned lands and on receipt of such representation, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of such representation. Till such time, the respondents herein shall refrain from taking any action for either cancellation of the assignment or dispossessing the petitioner from the assigned lands.

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

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Paramakudi Taluk, Ramanathapuram District.

3. The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

+ 1 cc TO Mr.B.Prahalad Ravi , Advocate in SR No. 71809 + 1 cc TO The Special Government Pleader in SR No. 71972 krk AE/SKN RSK/SAR2/16.07.2018/2P/6C W.P.(MD) No.14670 of 2018 09.07.2018 https://hcservices.ecourts.gov.in/hcservices/