L.Kulandhaisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 02/04/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.23481 of 2024 L.Kulandhaisamy ... Petitioner Vs

1. The District Collector, Sivagangai, Sivagangai District.

2. The Thasildar, Ilayankudi Taluk, Sivagangai District.

3. The Block Development Officer, Ilayankudi Taluk, Sivagangai District.

4. S.Arulandh ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents Nos,1 to 3 to consider petitioner's representation dated 22.07.2024 and consequently direct the respondent Nos.1 to 3 to sub divide the public pathway from Kangathankottai Village to Aranmanaikarai Village and to issue a separate Survey Number and to enter the same into a A register as public pathway within a time frame 1/5

fixed by this Court.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.P.Thilak Kumar for R1 to R3 Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed directing the respondents Nos,1 to 3 to consider petitioner's representation dated 22.07.2024 and consequently direct the respondent Nos.1 to 3 to sub divide the public pathway from Kangathankottai Village to Aranmanaikarai Village and to issue a separate Survey Number and to enter the same into a A register as public pathway within a time frame fixed by this Court.

2. It is the case of the petitioner that the road in question has not been classified and entered in the A Register. Since it has not been classified, the 4th respondent is not allowing the petitioner to use the land. Hence, the petitioner has sent a representation to the 2nd respondent on 22.07.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this writ petition. 2/5

3. We have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents 1 to 3 and perused the materials available on record.

4. Considering the facts and circumstances of the case and without going into the merits of the matter, the 2nd respondent is directed to consider the representation of the petitioner dated 22.07.2024 and pass suitable orders thereon by giving due opportunity of personal hearing to the petitioner as well as the 4th respondent, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

[J.N.B.,J] [S.S.Y.,J] 02.04.2025 NCC : Yes/No Index : Yes/No RR 3/5

To

1. The District Collector, Sivagangai, Sivagangai District.

2. The Thasildar, Ilayankudi Taluk, Sivagangai District.

3. The Block Development Officer, Ilayankudi Taluk, Sivagangai District.

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J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WP(MD) No.23481 of 2024 Date : 02/04/2025 5/5