David Ganesan.J v. The District Collector

ORDER This writ petition has been filed challenging the impugned proceedings of the fifth respondent dated 09.01.2021 and for a consequential direction to the respondents to pass appropriate orders to include survey numbers 282/1 and 281/28 as Village Public Street at Angamangalam Village, Kurumbur Post, Tiruchendur Taluk, Thoothukudi District.

¶2The case of the petitioner is that survey numbers 282/1 and 281/28 were converted as public street for public use. Even in the relevant records maintained by the Panchayat, it is identified as a public street. The grievance of the petitioner is that a cement road was laid by the Panchayat on the basis of the resolution passed by the Panchayat on 28.06.2006 and whereas, appropriate action was not taken to mention the survey numbers 282/1 and 281/28 as public street in the village records. As a result, there was encroachment upon the public street. It is under these circumstances the petitioner made a representation to the respondents to include survey numbers 282/1 and 281/28 as village public street. On receipt of the same, the impugned order dated

09.01.2021 was passed by the fifth respondent refusing to accede to the request made by the petitioner on the ground that it is already shown as ryot pathai in the revenue records. Aggrieved by the same, the present writ petition has been filed before this Court.

¶3When the matter was taken up for hearing, the learned Government Advocate appearing on behalf of the respondents produced written instructions received from the fifth respondent. The relevant portions are extracted hereunder:- "Vuy; tl;lk;> mq;fkq;fyk; fpuhkk;> ej;jk; Gy vz;. 282/1> tp];jPuzk; 0.01.10 r.kP kw;Wk; 282/28 tp];jPuzk;

0.00.59r.kP epykhdJ fpuhkf;fzf;fpy; ,uaj;J ghij vd tifgLj;jg;gl;L ghij vdf; Fwpg;gplg;gl;Ls;sJ. Nkw;gb ,uz;L Gy vz;fSf;F ,Wjpapy; Nkw;gb Gyj;jpw;F mUfpy; FbapUe;J tUk; jpU.uhk;Fkhu;> jpU.jkpourd;> jpU.kzpauR MfpNahu; ghijapid Mf;fpukpj;J tpehafu; Nfhtpy; fl;bAs;sdu;. Nkw;gb Mf;fpukpg;G njhlu;ghf mq;fkq;fyk; Cuhl;rp jiytuplk; tprhuiz nra;jjpy;> Mf;fpukpg;gpid mfw;WtJ njhlu;ghf mwptpg;G jahu; nra;ag;gl;Ls;sjhfTk;> tpiutpy; mwptpg;G nra;ag;gl;L eltbf;if vLf;fg;gLk; vd njuptpj;Js;shu;. ,Ug;gpDk; Nkw;gb Mf;fpukpg;gpid mfw;wpLk; nghUl;L rk;ge;jg;gl;l mq;fkq;fyk; fpuhk Cuhl;rpj;jiytUf;F fpuhkf;fzf;F efy;> Gyg;gl efy; kw;Wk; gbtk; 1 Mf;fpukpg;G tptu mwpf;if ,d;W 02.12.2023 jghypYk;> njhiyNgrpapYk; jfty; mDg;gg;gl;Ls;sJ vd;w tpguj;jpidg; gzpTld; njuptpj;Jf; nfhs;fpNwd;."

¶4It is clear from the above that already steps have been initiated to remove the encroachment that has been made in the pathway. That apart, the learned Government Advocate on instructions submitted that the survey numbers 282/1 and 281/28 will be shown as village public street in the relevant records of the Panchayat.

¶5Recording the above, this writ petition is disposed of. No costs.

12.12.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No TO:-

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Assistant Director (Panchayat), Thoothukudi District, Thoothukudi.

3.The District Revenue Officer, Thoothukudi District, Thoothukudi.

4.The Revenue Divisional Officer, Thiruchendur Revenue Division,

5.The Thasildar, Eral Taluk Officer,

6.The Block Development Officer, Alwathirunagari Block, Holding Officer at Thenthiruperai,

7.The Panchayat Secretary, Angamangalam Village,

8.The Village Administrative Officer, Angamangalam Village,

N.ANAND VENKATESH, J. sm W.P.(MD)No.13401 of 2021 Dated:

12.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.13401 of 2021 J.David Ganesan ...Petitioner /Vs./ 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Assistant Director (Panchayat), Thoothukudi District, Thoothukudi. 3.The District Revenue Officer, Thoothukudi District, Thoothukudi. 4.The Revenue Divisional Officer, Thiruchendur Revenue Division, 5.The Thasildar, Eral Taluk Officer, 6.The Block Development Officer, Alwathirunagari Block, Holding Officer at Thenthiruperai, 7.The Panchayat Secretary, Angamangalam Village, 8.The Village Administrative Officer, Angamangalam Village, ...Respondents PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order dated 09.01.2021 passed in O.Mu.A1/3788/2020 on the file of the 5th Respondent and quash the same as illegal and consequently directing the Respondents to pass appropriate order to include the Survey Number in 282/1 and 281/28 as Village Public Street situated at Angamangalam Village, Kurumbur Post, Tiruchendur Taluk, Thoothukudi District. For Petitioner : Mr.P.Balamurugan For Respondents : Mr.R.Ragavendran Government Advocate