Priya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.22880 & 22881 of 2024 Priya ... Petitioner /Vs./ 1.The District Collector, O/o. the District Collector, Madurai.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Madurai - 20.

3.The Tahsildar, O/o. the Tahsildar, Nagamalai Pudukottai, Madurai.

4.The Revenue Inspector, O/o. the Revenue Inspector, Nagamalai Pudukottai, Madurai.

5.The Village Administrative Officer, Vadapazhanji Group, Karadipatti, Nagamalai Pudukottai, Madurai.

... Respondents 1/6

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order dated 27.08.2024 passed by the 2nd respondent vide Oo.Mu.E-2318190/2024/I and quash the same as illegal. For Petitioner : Mr.G.Anto Prince For Respondents : Mr.M.Senthil Ayyanar Government Advocate

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 27.08.2024, there by rejected the request made by the petitioner to have access to her house on the northern side.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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4. The petitioner owned a house in S.No.39 /21 at Plot No.6, Thiriveni Nagar, Nagamalai Pudukottai, Madurai District. The petitioner was also issued with patta No.4911 and the petitioner, after constructing a house, fenced her property. On the northern side of her house, she wants to have an access to her house. However, the private persons, who climbed to be her neighbours had objected the same. Therefore, the petitioner submitted a representation before the revenue authorities, namely the respondents 2 and 3.

5. After enquiry, the request made by the petitioner was rejected, since it is for commercial purpose and also the dispute is among the private individuals. However, the revenue authorities have no objections to have an access to the petitioner's northern side house. Therefore, if at all there is any dispute between the petitioner and her neighbours, she has to approach the civil Court for appropriate relief.

6. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent. This writ petition is liable 3/6

to be dismissed. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 13.11.2024 NCC : Yes / No Sm 4/6

TO:- 1.The District Collector, O/o. the District Collector, Madurai.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Madurai - 20.

3.The Tahsildar, O/o. the Tahsildar, Nagamalai Pudukottai, Madurai.

4.The Revenue Inspector, O/o. the Revenue Inspector, Nagamalai Pudukottai, Madurai.

5.The Village Administrative Officer, Vadapazhanji Group, Karadipatti, Nagamalai Pudukottai, Madurai.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

13.11.2024 6/6