G.Samuel, S/O.Mr.Gnanaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.7400 of 2016 G.Samuel ... Petitioner Vs 1.The District Collector, Tuiticorin District, Tuiticorin.

2.The Thasildar, Thiruchendur Taluk, Tuticorin District.

3.The Executive Officer, Arulmigu Sundara Vinayagar Temple, Angamangalam Village, Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, forbearing the respondents from fencing the public pathway comprised in S.No.162, Angamangalam Village, Thiruchendur Taluk, Tuiticorin District.

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For petitioner : Mr.CKM.Appaji For Respondent : Mr.T.Vilavan Kothai, Nos.1 and 2 Additional Government Pleader For Respondent : Mr.M.Muthugeethayan No.3

ORDER

This writ petition is filed for a writ of mandamus forbearing the respondents from fencing the public pathway comprised in S.No.162, Angamangalam Village, Thiruchendur Taluk, Tuiticorin District.

2.The grievance of the petitioner is that the land in Survey No.162, Angamangalam Village, Thiruchendur Taluk, Tuiticorin District is a pathway and it has been used as a public pathway. All of a sudden, the temple has put up a fence restraining the villagers from accessing the said public pathway. Therefore, the petitioner has approached this Court.

3.The learned Counsel for the 3rd respondent produced a copy of Adangal register that S.No.162 and 162/a of Angamangalam village belong to Angamangalam Pillaiyarkovil 2/5

and S.No.162/2 is classified as Pillaiyarkovil street. S.No.162 is never classified as public pathway. Therefore this writ petition is liable to be dismissed. 4.The learned Additional Government Pleader appearing for respondent Nos.1 and 2 submits that there is no reference that the property in S.No.162 of Angamangalam village is classified as public pathway.

5.In view of the above submission, this writ petition is dismissed with liberty to the petitioner to work out his remedy before the civil Court. No costs. Consequently connected miscellaneous petition also stands dismissed. 13.02.2023 dsk 3/5

To 1.The District Collector, Tuiticorin District, Tuiticorin.

2.The Thasildar, Thiruchendur Taluk, Tuticorin District.

3.The Executive Officer, Arulmigu Sundara Vinayagar Temple, Angamangalam Village, Tuticorin District.

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B.PUGALENDHI, J.

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