Madras High CourtWP(MD)/20006/2015dismissed

V. Palanisamy v. The District Collector

2024-08-07Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD).No.20006 of 2015 and M.P(MD)Nos.1 to 3 of 2015 V.Palanisamy .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, 3.The Tahsildar, Thiruppathur Taluk, 4.The Zonal Deputy Tahsildar, Thiruppathur Taluk, 5.Azhagammal .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the 4th respondent in ep.K.jh.g.kh.vz;.M9/3211/2015, dated 23.10.2015 in Survey No.204/1 (New Survey No. 204/32), quash the same consequently to restore the path way.

For Petitioner :

Mr.S.Satheesh Kumar For R1 - R4 :

Mr.D.S.Neduncheziyan Government Advocate For R5 :

Mr.S.Bharathi

ORDER

The present appeal has been filed to quash the impugned order passed by the 4th respondent, dated 23.10.2015 and to restore the path way.

2. It is submitted before this Court that the petitioner has gone before the Civil Court with reference to the disputed property in question by filing an original suit in O.S.No.100 of 2015 on the file of the District Munsif cum Judicial Magistrate, Thiruppathur which was later transferred to Principal District Munsif cum Judicial Magistrate, Singampunari and numbered as O.S.No.169 of 2019.

3. It is now informed by the learned counsel for the petitioner that the suit in O.S.No.169 of 2019 has been dismissed. The suit has been filed by the petitioner along with his neighbour Karthikeyan for a declaration that the land in question was a common pathway. Considering the fact that the suit has been dismissed, nothing survives for consideration in this writ petition.

4. Therefore, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 07.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai,

3.The Tahsildar, Thiruppathur Taluk, 4.The Zonal Deputy Tahsildar, Thiruppathur Taluk,

P.T.ASHA, J.

gbg 07.08.2024