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Madras High CourtWP(MD)/25619/2023disposed of

Muthukamachi.N v. The District Revenue Officer

2023-11-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Muthukamachi ... Petitioner Vs.

1.The District Revenue Officer, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to classify the Natham Land situated at Devakottai Circle Anumanthakudi Group, Thudupur Village, Old Survey 387/Paa and New Survey No.816/14 and extent of 0.02.10 Areas as pathway, on the basis of petitioner's representation dated 30/08/2023. For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.M.Siddharthan, Additional Government Pleader.

(For R1 & R-2) 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner is having natham patta in respect of Survey No.816/13. Her case is that she can access her house only through Survey No.816/14. Therefore, she wants the same to be classified in the revenue records as pathway / road. In this regard, the petitioner has given a representation dated 30.08.2023. She wants the same to be disposed of.

3. When the matter was taken up for hearing, the learned Additional Government Pleader submitted that there is a rival claim and that enquiry is being conducted. It is further stated that the objector has been persuaded to remove the encroachment after the harvest is over. It is further undertaken that ten feet pathway will be provided in Survey No.816 / 14, so that, the petitioner's right of access is protected. The third respondent is directed to take consequential steps in this regard. 2/4

4. Recording the submission, the Writ Petition is disposed of. No costs.

02.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No tsg To 1.The District Revenue Officer, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai, Sivagangai District.

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G.R.SWAMINATHAN, J.

tsg W.P(MD)No.25619 of 2023 02.11.2023 4/4