Ramakrishnan P v. The District Collector

O R D E R This Writ Petition has been filed for the issue of writ of mandamus forbearing the respondents from in any way obstructing the access to the shops belonging to the petitioner at Survey No.810/5 at Salaigramam Village, Ilayaangudi Taluk, Sivagangai District.

¶2When the matter came up for hearing on 03.09.2021, this Court passed the following order:- "The petitioner seeks to prevent the respondents from obstructing his access to Shops situated at S.No.810/5, Salaigramam Village, Ilayaangudi Taluk, Sivagangai District.

¶2The petitioner states that he is the owner of the property bearing Survey No.810 / 5 and that his mother purchased the property in 1964. Subsequently, he inherited the property under a Will executed by his mother. According to the petitioner, Survey No.810 /11 is on the Eastern boundary of his property. Such property is classified as Sarkar Poromboke in the revenue records and there is a bus stand functioning therein. It is stated that the only access to the petitioner's shop is through the pathway situated on the Eastern side. The grievance of the petitioner is that the fifth respondent has endeavoured to obstruct his access to the shop even without conducting a proper survey.

¶3The grievance canvassed by the petitioner would be resolved only if a survey is undertaken both of the property bearing Survey No.810/5 and the property bearing Survey No.810/11 so as to fix the boundaries of the respective properties on such basis. Accordingly, the third respondent herein is directed to take necessary steps for the conduct of such survey. The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a copy of this order.

¶4Let the matter appear on September 17, 2021.

¶5In the meantime, the respondents are restrained by an order of interim injunction from obstructing the petitioner's access to his shops."

¶3When the matter was taken up for hearing today, the learned Additional Government Pleader produced the written instructions received from the Village Administrative Officer along with the sketch. On going through the same, it is seen that in obedience to the order passed by this Court, a survey was conducted and it is made clear that the four feet pathway that is claimed by the petitioner will not be obstructed and the petitioner will have a free access to the shops at Survey No.810/5. For proper appreciation, the relevant portion in the report is extracted hereunder: "kDjhuh; tof;F njhlug;gl;l ej;jk; GykhdJ rhiyf;fpuhkk; tUtha; fpuhkk; Gy vz;: 348 / 3 tp];jph;zk; 8.33.5 n`f;Nlh; muR Gwk;Nghf;F rhiyf;fpuhkk; fp;uhk ej;jk; vd epyxg;gil Nkk;ghl;L jpl;lk;

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tUk; Gyj;jpd; ,lj;jpy; rhiyf;fpuhkk; Cuhl;rp eph;thfk; MdJ> Ntyp mikj;J NgUe;J epiya ,lj;ij ghJfhg;gjhf;F jil Nfhhpajhf tprhuizapy; njhpa tUfpwJ vd;gij gzpTld; njhptpj;Jf;nfhs;fpNwd;."

¶4In view of the above, the apprehension raised by the petitioner has been sufficiently redressed and the petitioner will have free access from the four feet pathway to his shops at Survey No.810/5.

¶5This Writ Petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed.

07.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To

1.The District Collector,

2.The Tahshildar, Ilayaangudi Taluk,

N.ANAND VENKATESH, J. tsg

07.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.12473 of 2021 P.Ramakrishnan ... Petitioner Vs 1.The District Collector, 2.The Block Development Officer, Panchayat Union Office, Ilayaangudi Taluk, 3.The Tahshildar, Ilayaangudi Taluk, 4.The Executieve Engineer, Salaigramam Panchayat, Ilayaangudi Taluk, Sivagangai District 5.The President Salaigramam Village Panchayat, Salaigramam, Ilayaangudi Taluk, Sivagangai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents and their men servants, officials, agents or any other person claiming any rights through them from any away obstruct the access to the petitioner's shops situated at S.No. 810/5, Salaigramam Village, Ilayaangudi Taluk, Sivagangai District. For Petitioner : Mr.R.Rajamohan For R-1 & R-3 : Mr.K.S.Selva Ganesan, Additional Government Pleader For R-2 : Mr.R.Ragavendran, Standing Counsel For R-4 & R-5 : No Appearance