LAWS(MAD)-2020-7-203

K.SUNDAR Vs. DISTRICT COLLECTOR

Decided On July 13, 2020
K.Sundar Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The petitioner claims to be a resident of Nelmudikkarai village, Thiruppuvanam Taluk, Sivagangai District, came forward to file this Writ Petition stating among other things that there is an existing common pathway which leads to the petitioner's house located in Survey No.103/14, Nelmudikkarai village, old ward No.2, New ward No.15, Thiruppuvanam Taluk, Sivagangai District.

(2.) According to the learned counsel appearing for the petitioner, the sixth respondent has been causing obstruction to the said common pathway and as a consequence, access would be denied to the petitioner to the South located in the said survey number. The learned counsel appearing for the petitioner also expressed his grievance that the official respondents, more particularly respondents 2 to 5, are aiding and abetting the sixth respondent in committing the said illegal act and in this regard, he has also submitted representations dated 15.06.2020 and 20.06.2020, to the first respondent and despite receipt of acknowledgment, no action whatsoever has been taken to abate the illegalities and therefore, the petitioner came forward to file this Writ Petition.

(3.) Mr.VR.Shanmuganathan, learned Special Government Pleader, accepts notice on behalf of the respondents 2 to 5 and on instructions would submit that the total extent of land available in Survey No.103/14 was six cents and patta had already been granted in favour of four persons and now, the sixth respondent has been granted patta in respect of one and half cents in the very same survey number and further pointed out that even as per the partition deed dated 01.02.1982, much less the representations submitted by the petitioner disclose that it is not a public pathway and as such, the remedy open to the petitioner, if any, lies elsewhere and prays for dismissal of the Writ Petition.