Filaminal v. The District Collector

W.P.(MD)No.22008 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.22008 of 2021 and W.M.P.(MD)No.18609 of 2021 Filaminal ... Petitioner vs.

1.The District Collector, Kanyakumari District, at Nagercoil.

2.The Tahsildar, Killiyoor Taluk, Kannyakumari District.

3.The Village Administrative Officer, Ezhudesam "C" Village, Kanjampuram Post, Kannyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents from interfering pathway construction/maintenance in petitioner's property vide Re.S.No.266/13A of Eludesam Village to reach her other properties situated on the west and south of mentioned property. For Petitioner :Ms.V.Karthigaipriya for Mr.A.Balakrishnan For Respondents :Mr.S.Kameswaran Government Advocate *****

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking enquiry on a representation given by the petitioner, dated 22.10.2021. By way of the said representation, the petitioner had sought interference with the construction or maintenance of pathway in petitioner's property in Re.S.No.266/13A of Eludesam Village to reach the property of the petitioner, which is situated on the west and south of the aforementioned property.

2.Heard Ms.V.Karthigai Priya, learned Counsel for Mr.A.Balakrishnan, learned Counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate appearing on behalf of the respondents.

3.In the previous occasion, it was observed that the pathway had been water logged in view of the rain and there was also growth https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22008 of 2021 of Water Hyacinths (Eichornia).

4.Now Mr.S.Kameswaran, learned Government Advocate stated that the second respondent/Tahsildar, Killiyoor Taluk, is prepared to examine the request made in the representation. 5.Let the Tahsildar examine the representation given by the petitioner, issue notice to the petitioner and issue notice to anybody else, who is interested, make a field visit, if required, and thereafter, pass a considered order within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the said directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Kanyakumari District, at Nagercoil.

2.The Tahsildar, Killiyoor Taluk, Kannyakumari District.

3.The Village Administrative Officer, Ezhudesam "C" Village, Kanjampuram Post, Kannyakumari District.

+1 CC to M/s.SPL.GP ( SR-1000[F] dated 10/01/2022 ) +1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-896[F] dated 10/01/2022 ) W.P.(MD)No.22008 of 2021 07.01.2022 RD(24.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2