M.NATARAJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petition styled as a Public Interest Litigation is filed by the petitioner, who claims to be a resident of Door No.3/473, Palamrajakkapatti, Reddiyarchathiram via, Dindigul and in the affidavit filed in support of the writ petition, he would aver among other things that he is having agricultural punja lands at Agaram Village, admeasuring to an extent of 10 acres and his brothers are also having agricultural lands adjacent to his lands. The petitioner would further aver that the agricultural lands of his family members are comprised in Survey Nos.120/1, 121/1, 121/2, 122/1, 122/2, 116/1A1, 116/1A2 and 119, 119/2 in Kuttathupatti Village and that apart, more than 20 farmers cultivating their lands are using cart track ( tz;bg;gghij ) which starts from Sakkarayar Kanmai and ends at Kuttathupatti Jameen. The petitioner would further state that the existence of said cart track is also reflected in revenue records, even before UDR in field No.118, 119,120, 121, 122 and 123 and even after resurvey, the existence of the said cart track continues to be shown in the revenue records and that apart, the farmers in and around their agricultural lands are also using the said cart track for having access to their lands.

(2.) It is stated by the petitioner that one R.Natarajan, started doing real estate business in the name and style of "N.S. Real Estate" and for that purpose, he purchased the lands where the cart track is located and thereby doing ingress and egress to the owners of the agricultural fields, who are using the said cart track to have an access to reach their agricultural lands. The petitioner, in this regard, had also submitted representations dated 19.05.2015, 10.12.2015 and 18.12.2015 to the concerned official respondents and despite receipt of acknowledgment, no response is forthcoming and therefore, the petitioner is constrained to approach this Court by filing this Writ Petition.

(3.) When the matter was listed on 10.07.2020, Mr.R.Natarajan, against whom allegations have been made in paragraph No.4 of the affidavit filed in support of the writ petition, filed W.M.P.(MD)No.3348 of 2018 along with the typed set of documents and sought to implead him as party. He specifically alleged that the petitioner has filed a comprehensive suit in O.S.No.236 of 2015, on the file of the Court of Principal District Munsif, Dindigul and totally, burking the said fact, has filed the writ petition. This Court, vide order dated 10.07.2020, has allowed the said petition for impleadment and accordingly, Mr.R.Natarajan is arrayed as the sixth respondent.