Madras High CourtWP(MD)/25485/2023dismissed

Selvaraj.S v. The District Collector

2023-11-20Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.21659 of 2023 S.Selvaraj ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, O/o the Tahsildar, 1/5

5.The Assistant Engineer, Tamil Nadu Electricity Board, 6.Gurusamy ... 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 1 to 4 to remove the obstruction made by the sixth respondent in Survey No.239/5, Vadhuvarpatti Village, Aruppukottai Taluk, Virudhunagar District, based on the petitioner's representations dated 05.10.2019, 15.09.2023 and 30.09.2023 within the period stipulated by this Court.

For Petitioner : Mr.Anand C.Rajesh For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.4 Mr.S.Deenadhayalan Standing Counsel for R.5 Mr.C.K.M.Appaji for R.6

ORDER

Heard both sides.

2/5

2.The petition mentioned survey number belonging to Temple. It has not been classified as "pathway". Only if any obstruction has been raised on the pathway, it can be directed to be removed. 3.The learned Special Government Pleader on instruction states that the petitioner is very much having an alternative pathway. It is further stated that the Temple belongs to the Scheduled Caste community. It is further alleged that since the petitioner's father got converted to Christianity, the present issue has been raked up. I am satisfied that the petitioner's rights have not been infringed.

4.This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 20.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/5

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, O/o the Tahsildar, 5.The Assistant Engineer, Tamil Nadu Electricity Board, 4/5

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.21659 of 2023 20.11.2023 5/5