The Levinchipuram Village Panchayat v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI The Levinchipuram Village Panchayat, Represented by its President, M.Katti Thangam.
... Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli District, Tirunelveli.
3.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
4.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.
5.N.Sri Rajan 6.N.Ramesh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Tahsildar, Radhapuram Taluk, 1/5
Tirunelveli District, the Fourth respondent herein, to re-classify the land to an extent of about 1.537 cents, comprised in Survey No. 858/3 (858/3A1), Levinjipuram Village, Radhapuram Taluk, Tirunelveli District, is a public pathway and consequentially direct the 4th respondent to pass suitable orders for issuance of separate patta after effecting proper sub-division in the name of the Levinchipuram Village Panchayat, the petitioner herein, by processing the application No. 2025/0105/29/366204 of the petitioner, dated 21.03.2025, within a time stipulated by this Court.
For Petitioner : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For R1 - R4 : Mr.B.Saravanan Additional Government Pleader
O R D E R
The petitioner seeks limited relief of issuance of writ of mandamus to direct the 4th respondent to reclassify the lands comprised in Survey No. 858/3 (858/3A1), Levinjipuram Village, Radhapuram Taluk, Tirunelveli District as a public pathway and to consequently, direct the 4th respondent to issue patta in the name of the Panchayat.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents. 2/5
3. The petitioner has made an application on 21.03.2025 in this regard. The learned counsel for the petitioner would submit that the respondents 5 and 6 who have gifted their lands for the purpose of forming the public pathway have also moved this Court in W.P(MD)No.11760 of 2015 with similar request. The grievance of the petitioner is that, till date, the reclassification has not been given effect and patta has not been mutated in the name of the Village Panchayat.
4. Considering the limited relief sought for by the petitioner, with the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
5. The petitioner merely seeks for orders being passed on the application dated 21.03.2025, seeking reclassification of the lands gifted by the respondents 5 and 6 for a public pathway and to mutate patta in the name of the petitioner / Village Panchayat.
6. The 4th respondent being the competent authority, shall conduct due enquiry and pass orders on the petitioner's application, dated 21.03.2025, within a period of eight (8) weks from the date of receipt of copy of this order. 3/5
7. With the above direction, this Writ Petition stands disposed of. No costs.
21.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli District, Tirunelveli.
3.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
4.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.
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P.B.BALAJI , J.
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