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Madras High CourtWP(MD)/6774/2015allowed

P. Britto, v. The District Collector,

2019-04-08Honourable Mr Justice G.R.Swaminathan2 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6774 of 2015 P.Britto ... Petitioner Vs

1. The District Collector, Collectorate, Tirunelveli, Tirunelveli District.

2. The District Revenue Officer, Tirunelveli, Tirunelveli District.

3. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

4. The Tahsildar, Sankarankovil, Sankarankovil Taluk, Tirunelvlei District.

5.Dharmaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fourth respondent to consider the representation of the petitioner dated 22.04.2015 and consequently forbearing the fourth respondent from issuing a patta in favour of the fifth respondent for the government pathway situated in survey No.635/19 to an extent of 42 square meter. For Petitioner : Mr.D.Muthukumar For R1 to R4 : Mr.K.Mu.Muthu Additional Government Pleader For R5 ` : Mr.V.K.Saravanan

ORDER

https://hcservices.ecourts.gov.in/hcservices/ Heard the learned counsel on either side.

2.The only request made by the petitioner is that patta should not be granted in respect of the petition mentioned property. It is seen that S.No.635 /19 in Kulasekaramangalam Village, Tirunelveli District, is actually classified as a pathway in the revenue records. It is well settled that patta cannot be issued in respect of a pathway.

3.Accordingly, this writ petition is allowed as prayed for. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The District Collector, Collectorate, Tirunelveli, Tirunelveli District.

2. The District Revenue Officer, Tirunelveli, Tirunelveli District.

3. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

4.The Tahsildar, Sankarankovil, Sankarankovil Taluk, Tirunelvlei District.

+1 CC to Mr.D.SELVANAYAGAM, Advocate ( SR-59973[F] dated 09/04/2019 ) +1 CC to SPECIAL GOVERNMENT PLEADER ( SR-60087[F] dated 10/04/2019 ) W.P.(MD)No.6774 of 2015 08.04.2019 PNN AE/ (13.05.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/