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Madras High CourtWP(MD)/31208/2023disposed of

Ganesan .S v. The District Collector

2023-12-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.31208 of 2023 S.Ganesan ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Tenkasi District, Tenkasi.

4.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

5.The Assistant Director of Survey, Tenkasi, Tenkasi District.

... Respondents (R5 is suo motu impleaded vide order dated 22.12.2023 in W.P.(MD)No.31208 of 2023 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/4

respondents 1 to 4 to modify the FMB Sketch and A Register in respect of S. Nos.1039 and 1011, situated at Nochikulam Village, Sernthamaram Kaspa, Kadayanallur Taluk, Veerasigamani - 627 862, and also to change the division by permitting to use as a public pathway Arunthathiyar Community people who are living in their Village in accordance with law by considering the petitioner's representation dated 30.10.2023 and consequently to save the pathway to perform funeral rites by taking appropriate action.

For Petitioner : Mr.T.Kanagaraj For Respondents : Mr.M.Prakash, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner is permitted to submit a fresh representation before the fifth respondent. Upon receipt thereof, the fifth respondent is directed to dispose of the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. 2/4

The fifth respondent shall put the interested persons, if any, on notice before passing final order. It is open to the fifth respondent to pass order one way or the other.

3.The writ petition is disposed of accordingly. No costs. 22.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Tenkasi District, Tenkasi.

2.The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Tenkasi District, Tenkasi.

4.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

5.The Assistant Director of Survey, Tenkasi, Tenkasi District.

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G.R.SWAMINATHAN, J.

ias 22.12.2023 (2/2) 4/4