K.Senthilvel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI and W.M.P.(MD) No.14980 of 2019 K.Senthilvel ... Petitioner -vs1.The District Collector, 2.The Assistant Director of Town Panchayat, Dindigul.

3.The Special Thasildhar, Adi-Dravidar Welfare, Nilakottai, 4.The Executive Officer, Sevugampatti Town Panchayat, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from converting the pathway/road situated in S.No.1086 in Sevugampatti Village, which is vested with the 4th respondent panchayat into house plots, on the guise of classification of the land as Adi Diravida Natham and also from putting up a compound wall in-between the land in S.No.1084/1 and S.No.1086 and thereby block the entry of the petitioner, other occupants of S.No.1084/1 and general public using the road in S.No.1086.

For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.A.K.Baskarapandian Special Government Pleader

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.R.Suriya Narayanan, learned counsel appearing for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents.

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2.By consent on either side, this Writ Petition itself is taken up for final disposal.

3.The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus, forbearing the respondents from converting the pathway/road situated in S.No.1086 in Sevugampatti Village, which is vested with the 4th respondent panchayat into house plots, on the guise of classification of the land as Adi Diravida Natham and also from putting up a compound wall in-between the land in S.No.1084/1 and S.No.1086 and thereby block the entry of the petitioner, other occupants of S.No.1084/1 and general public using the road in S.No.1086.

4.Considering the nature of the controversy raised before us, we cannot adjudicate the disputed questions of facts. According to the learned Special Government Pleader appearing for the respondents, who relies on the written instruction of the Special Tahsildar, Adi Dravidar Welfare, Nilakottai dated 19.09.2019, 8 feet pathway alone can be given and nothing more can be given. 5.Considering the disputed questions of facts, we direct the second respondent to look into the matter., inspect the area, hear all the parties and arrive at an appropriate solution, which shall sub-serve the interest of the concerned. The above direction shall be carried out within four weeks from the date of receipt of a copy of this order. The third respondent shall extend full cooperation and produce all records for the consideration of the second respondent.

6.The Writ Petition is disposed of with the above directions. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, 2.The Assistant Director of Town Panchayat, Dindigul.

3.The Special Thasildhar, Adi-Dravidar Welfare, Nilakottai, Dindigul District.

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4.The Executive Officer, Sevugampatti Town Panchayat, +1 CC to Mr.R.SURIAYNARAYANAN, Advocate ( SR-89341[F] dated 25/09/2019 ) +1 CC to spl.GP ( SR-89863[F] dated 26/09/2019 ) and W.M.P.(MD) No.14980 of 2019 25.09.2019 sj MK (21.10.2019) 3P 7C 3/3