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Madras High CourtWP(MD)/29310/2023dismissed

Subramaniyam.A v. The District Collector

2023-12-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Subramaniyam ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Karur, Karur District.

2.The District Revenue Officer, Office of the District Revenue Officer, Karur, Karur District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aravakurichi, Karur District.

4.The Tahsildar, Office of the Tahsildar, Aravakurichi Taluk, Karur District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to cancel the Patta No. 1176 for wrongly issued as public pathway and to take appropriate action in the light of the Communication Letter in O.Mu.A4/4449/2022 dated 21.07.2023 issued by the second respondent in accordance with law within a time stipulated by this Court. For Petitioner : Mr.R.Rajaselvan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard both sides.

2.There is nothing on record to show that a portion of Survey No. 204/1 was ever used as a public pathway. The petitioner has also not impleaded the rival parties as respondents in this writ petition. For sheer paucity of material, I am not able to grant relief to the petitioner. If according to the petitioner, a pathway had been unlawfully converted as patta land, the petitioner can very well go before the jurisdictional civil Court for appropriate relief and declaration. 2/4

3.Granting such liberty, this writ petition stands dismissed. There shall be no order as to costs.

12.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Office of the District Collector, Karur, Karur District.

2.The District Revenue Officer, Office of the District Revenue Officer, Karur, Karur District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aravakurichi, Karur District.

4.The Tahsildar, Office of the Tahsildar, Aravakurichi Taluk, Karur District.

3/4

G.R.SWAMINATHAN, J.

MGA 12.12.2023 4/4