R.Govindan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.189 of 2017 R.Govindan .. Petitioner Vs.
1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, 5.The District Forest Officer, 6.The President/Executive Officer, Sankarapuram Panchayat, Sakottai Panchayat Union, Karaikudi Taluk, Sivagangai District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to consider the representation dated 26.12.2016 of the petitioner and classify the pathway which is being used by the villagers in Sankarapuram in Survey No.24, 69, 169, 108, 163, 110, 112, 107, 114, 124, 131, 140 and 148 of Sankarapuram Village, Sivagangai District as a road in the revenue records and form a pucca road enabling the villagers to use transport of their vehicles.
For Petitioner : Mr.AR.L.Sundaresan Senior Counsel for M/s.AL.Gandhimathi For Respondents 1 to 5: Mr.D.Muruganandam, Additional Government Pleader.
For Respondent No.6 : Mr.G.Muthukannan, Government Advocate.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to consider the representation dated 26.12.2016 alleged to have been given by the petitioner so as to classify pathway which is being used by the villagers of Sankarapuram in Survey Nos.24, 69, 169, 108, 163, 110, 112, 107, 114, 124, 131, 140 and 148, by way of issuing a writ of mandamus.
2.It is averred in the petition that the petitioner is a resident of Ramnagar, Devakottai, Sivagangai District. Further it is averred in the petition that in Sankarapuram Village Survey Nos.24, 69, 169, 108, 163, 110, 112, 107, 114, 124, 131, 140 and 148 have been used as a pathway by the villagers. But it is not convenient to the villagers to use the same without extending its width. Under the said circumstances a representation dated 26.12.2016 has been given to the respondents. But the respondents have not considered the same and therefore the present writ petition has been filed for getting the relief sought therein. 3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1 to 5 and Mr.G.Muthukannan, learned Government Advocate, has taken notice for the sixth respondent.
4.Considering the fact that already the President of Village Panchayat has sent a communication to the District Collector with regard to extension of the existing pathway for better use of villagers and also considering the fact that already a representation dated 26.12.2016 has been given to the respondents, this Court is inclined to pass the following order. 5.In fine, this writ petition is allowed without costs and the respondents are strictly directed to look into the representation dated 26.12.2016 and pass suitable orders within a period of one month.
Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.
To 1.The District Collector, 2.The District Revenue Officer,
3.The Revenue Divisional Officer, 4.The Tahsildar, 5.The District Forest Officer, 6.The President/Executive Officer, Sankarapuram Panchayat, Sakottai Panchayat Union, Karaikudi Taluk, Sivagangai District.
+1CC to M/S.A.L.Ganthimathi,Advocate, SR.No. 1380 +1CC to the Special Government Pleader, SR.No. 1519 ORDER MADE IN W.P(MD)No.189 of 2017 06.01.2017 SMN AM/SS3/19.01.2017/3P/9C