Chinnaiya v. Pandimeenal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.16666 of 2025 Chinnaiya ... Appellant/5th Respondent Vs.

1.Pandimeenal, W/o.Murugan, No.37A, Navanikalam Village, Nerkuppai Post, ... 1st Respondent/Writ Petitioner 2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Collectorate, 4.The Revenue Divisional Officer, Devakottai Division, Sivagangai District.

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5. The Tahsildar, ... Respondents 2 to 5/ Respondents 1 to 4 PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.23969 of 2025 dated 08.09.2025 on the file of this Court.

For Appellant : Mr.S.Ramanathan For Respondents : Mr.M.Sarangan (for R2 to R5) Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) We are unable to appreciate why the present Writ Appeal has been filed by R5 in the Writ Petition.

2.The prayer of the Writ Petition was for a Mandamus directing the Revenue Divisional Officer to issue a cost assignment in respect of sub-divided Survey No.131/14 (Old S.No.131/12) admeasuring 0.00.44 hectares in Navanikalam Village, Nerkuppai Revenue Village, Thiruppathur Taluk, Sivagangai District.

3.The Writ Petition came to be disposed on 08.09.2025, the learned Judge only directing R1 and R2 to consider and dispose the 2/5

representation of the writ petitioner within a period of six months, after affording an opportunity of hearing him, as well as to R5/appellant before us and to any other person, who may be interested in the subject property.

4.We see no prejudice caused to any of the parties by way of this order. Learned counsel for the appellant seeks to impress upon us that the subject matter of the Writ Petition pertains to a public pathway, which is a question fact that will be decided one way or other in the enquiry to be conducted by the concerned authority. 5.The Writ Appeal is dismissed, confirming the order of the learned Judge. No costs. Consequently, connected Miscellaneous Petition is closed.

[A.S.M.J.,] & [C.K.J.,] 16.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps Note: Registry is directed to list W.P(MD)No.21869 of 2025 on 22.10.2025.

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To 1.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Collectorate, 3.The Revenue Divisional Officer, Devakottai Division, Sivagangai District.

4. The Tahsildar, 4/5

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 16.10.2025 5/5