M.Dhamodharan v. The District Collector

ORDER

Heard the learned counsel on either side.

¶2The authorities want to lay a pathway through Survey No.206/9. The petitioner states that it is a natham land and he is in occupation of the same and Natham patta has been given in his favour. Without adjudicating the rights of the petitioner, it would not be proper to lay a pathway.

¶3I direct the petitioner to go before the third respondent. The petitioner shall appear before the third respondent on 07.11.2023 at

03.00 p.m. The third respondent is at liberty to issue notice to other interested parties also. The third respondent shall pass an order on merits and in accordance with law as regards the entitlement of the petitioner over the aforesaid survey number. Once a decision is taken, it shall be communicated to the petitioner also. If it is adverse to the petitioner, breathing time of a week shall be given to the petitioner to question the same.

¶4This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

18.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To

1.The Superintending Engineer (Highways), Construction and Maintenance Circle, Tiruchirapalli.

2.The Divisional Engineer (Highways), Quality Control Division, Tiruchirapalli.

3.The Assistant Divisional Engineer (Highways), Quality Control Sub Division, Pudukottai.

4.The Divisional Engineer (Highways), Construction and Maintenance Circle, Pudukottai.

G.R.SWAMINATHAN, J. MGA and W.M.P(MD)No.21540 of 2023

18.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.21540 of 2023 M.Dhamodharan ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The District Revenue Officer, Madurai District, Madurai. 3.The Revenue Divisional Officer, Melur, Madurai District. 4.The Tahsildar, Madurai East, Madurai. 5.The Assistant Director of Panchayat, Madurai, Madurai District. 6.The Block Development Officer, Madurai East, Madurai. 7.The Assistant Director, Backward Classes Welfare, Madurai District. 8.The Assistant Director of Survey, Madurai. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from granting permission for the use of pathway enrouting Via S.No. 213/4, 206/09, 205/1, 205/13 Rajakoor Village, Madurai District to approach the burial ground for the purpose of Cremation and further directing respondents to permit the Villagers to use the existing pathway enrouting Via S.No.213/4, 205/27, 205/13 and 205/27, 205/1 Rajakoor Village, Madurai District. For Petitioner : Mr.R.Maheswaran For Respondents : Mr.M.Prakash Additional Government Pleader for R.1 to R.5, R.7 & R.8 Mr.M.Saravanan Additional Government Pleader for R.6