Saravanakumar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Saravanakumar ... Petitioner -vs1.The Tahsildar, Peravoorani Taluk, Thanjavur District.

2.The Block Development Officer (Village Panchayat), Peravoorani, Aavanam, Peravoorani Taluk, Thanjavur District.

3.The Inspector of Police, Peravoorani Police Station, Thanjavur District.

4.Palanivel 5.The Panchayat President, Kalagam Village Panchayat, Peravoorani Taluk, Thanjavur District.

6.The Manager, Thiru Kaliya Paramparai Thiruvavadurai Aadhinam, Thiruperundurai, Avudaiyarkovil, Pudukkottai District ... Respondents [R5 and R6 are impleaded vide order of this Court, dated 09.06.2023, made in W.M.P.(MD)No.21535 of 2021] 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the Samathi erected by the fourth respondent in the petitioner's rental land in Survey No.219/1, with an extent of 9 1⁄2 cents, situated at Kalagam Panchayat, Kalagam-II, Peravoorani Taluk, Thanjavur District, based on the petitioner's representation dated 22.11.2021. For Petitioner :

Mr.M.Ramu For R1 :

Mr.B.Saravanan Additional Government Pleader For R2 :

Mr.G.Suriyanath For R3 :

Mr.R.Sivakumar Government Advocate (Criminal side) For R4 :

Mr.B.Anandan For R5 :

No Appearance For R6 :

Mr.P.Paranjothi

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 to 3 to remove the Samadhi that has been erected by the fourth respondent in the property belonging to the petitioner, by considering the representation made by the petitioner on 22.11.2021. 2/6

2. The case of the petitioner is that the fourth respondent had buried the dead body in the land belonging to the petitioner and as a result, the petitioner is not able to reach the road from his property and thereby, his pathway has been obstructed. The petitioner made a representation in this regard to the respondents 1 to 3. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the first respondent produced the written instructions received from the first respondent. The relevant portion is extracted hereunder:- 3/6

4. It is clear from the above that an attempt is being made to provide an alternative pathway to the petitioner through Survey No.219/1, measuring an extent of 0.04.0 Ares. If the Temple gives permission, the petitioner will be able to use the alternative pathway to access his property. It is also seen from the written instructions that the Samadhi has been raised in such a way that the pathway to the property belonging to the petitioner has been completely blocked.

5. In the light of the above, there shall be a direction to the first respondent to call the parties for an enquiry. If an alternative pathway is provided to the petitioner, the same shall be recorded and the petitioner shall be permitted to use the alternative pathway. If the alternative pathway is not provided, the representation made by the petitioner shall be dealt with in the light of the judgment of the Full Bench of this Court in Jagadheeswari and others vs. B.Babu Naidu and others reported in 2023 (4) CTC 481. A decision shall be taken by the first respondent within a period of four weeks from the date of receipt of a copy of this order. 4/6

6. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 20.11.2023 Index : Yes/No SMN2 To 1.The Tahsildar, Peravoorani Taluk, Thanjavur District.

2.The Block Development Officer (Village Panchayat), Peravoorani, Aavanam, Peravoorani Taluk, Thanjavur District.

3.The Inspector of Police, Peravoorani Police Station, Thanjavur District.

4.The Panchayat President, Kalagam Village Panchayat, Peravoorani Taluk, Thanjavur District.

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N.ANAND VENKATESH, J.

SMN2 20.11.2023 6/6