M.Ganesan, S/O.Manickam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15419 of 2016 and W.M.P(MD)No.11356 & 11888 of 2016 1.M.Ganesan 2.R.Manickam 3.M.Subramanian ... Petitioners Vs.

1.The District Collector, Tiruchirappalli District.

2.The Revenue Divisional Officer, Lalgudi Taluk, Tiruchirappalli District.

3.The President, Thiruppanjili Village Panchayat, Thiruppanjili, Mannachanallur Taluk, Tiruchirappalli District.

4.Selvaraj ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent/Revenue Divisional Officer to initiate proceedings under Section 133 of the Criminal Procedure Code and remove the obstruction/encroachment that had cropped up in the public pathway comprised in S.F.No.615/8, situate at Thiruppanjili Village, Manachanallur Taluk, Tiruchirappalli District and in the interregnum restrain the fourth respondent from proceeding further with the construction of septic tank in the said public pathway comprised in S.F.No.615/8, situate at Thiruppanjili Village, Manachanallur Taluk, Thiruchirappalli District. For Petitioners : Mr.V.Madurai Veeran For Respondents : Mr.M.Govindan, Spl.GP for RR1 & 2 Mr.Illanchezhiyan for R4 No appearance for R3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioners are residents of Thiruppanjili Village, Manachanallur Taluk, Tiruchirappalli District. 2.According to them, the fourth respondent has blocked the public pathway comprised in S.F.No.615/8 and 614/13. As a result, the right of access of the writ petitioners and other villagers have been infringed. The writ petitioners have filed a petition before the second respondent on 30.07.2016. But, the second respondent has not chosen to invoke his statutory powers. 3.We therefore direct the second respondent to dispose of the petition dated 30.07.2016 submitted by the petitioners in accordance with law. The second respondent shall issue notice to the fourth respondent and dispose of the petition within a period of four months from the date of receipt of a copy of this order.

4.This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector,Tiruchirappalli District. 2.The Revenue Divisional Officer, Lalgudi Taluk, Tiruchirappalli District.

+1cc to Special Government Pleader, SR.No. 76006 Skm / Arul MAS/SV-MMS/SAR3:19.09.2017:2P-4C W.P(MD)No.15419 of 2016 and W.M.P(MD)No.11356 & 11888 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/