(1.) Writ Petition(MD)No.1492 of 2018 has been filed for a writ of Mandamus to forbear the District Collector, Madurai District; the Revenue Divisional Officer, Madurai and the Tahsildar, Vadipatti Taluk, Madurai District - the respondents 1 to 3 herein, from laying pathway in the petitioner's property in Survey No.30/4 of Rajakkalpatti Village, Vadipatti Taluk, Madurai District, without putting prior notice and giving due opportunity to the petitioner in the light of the order passed in Writ Petition(MD)No.21812 of 2015, dated 07.09.2017 and by considering the representation of the petitioner dated 17.10.2017.
(2.) Mr.R.Singaravelan, learned Senior Counsel representing Mr.B.Chandran, learned counsel appearing for the petitioner in Writ Petition(MD)No.1492 of 2018 would submit that the petitioner is the owner of the property in S.No.30/4 of Rajakkalpatti Village, Vadipatti Taluk, Madurai District, having an extent of 2 acres and 56 cents, that has been purchased frrom one Bala Naicker before 20 years ago and even prior to the said purchase, the petitioner inspected the same on several occasions and found no pathway or cart track passing through the said land. Therefore, after seeing the same, he has purchased the same. Moreover, if there has been any pathway, the same should be recorded in the Village 'A' Register. However, in the year 2015, the New Site Map appears to have been prepared showing marks passing through the field indicating the cart track, but prior to that there was no pathway or cart track. As the petitioner has been enjoying the property for more than 20 years, he has never seen any cart track running into his field and the eastern boundary of his property in S.No.30/4 is nothing but a rock. Under such circumstances, the fourth respondent appears to have given a representation to the respondents 1 to 3 stating that there was a cart track passing through the petitioner's property in S.No.30/4, but the same has been erased on the field and hence, the authorities should restore the same. Finding no response, the fourth respondent filed Writ Petition(MD)No.21812 of 2015 seeking a writ of Mandamus directing the respondents 1 to 3 therein to remove the encroachment made by Mr.V.Mahendran - the fourth respondent therein/the petitioner herein in Survey No.30/4 of Rajakkalpatti Village, Vadipatti Taluk, Madurai District and to restore the cart track as per FMB sketch of revenue records.
(3.) The learned Senior Counsel would further submit that this Court, by order dated 07.09.2017, considering the limited prayer for the disposal of the representation, while disposing of the said writ petition, directed the Tahsildar, Vadipatti Taluk, Madurai District, to conduct an enquiry into the matter and if any encroachment is noticed, the Tahsildar, Vadipatti Taluk, was further directed to remove the same after issuing the notice to the persons concerned by following the statutory procedure within a period of three months. Since there has been a direction by this Court in the said writ petition, after giving notice to the petitioner herein, the petitioner has been advised to file the present writ petition forbearing the respondents 1 to 3 herein from laying the pathway in the petitioner's property in S.No.30/4 of Rajakkalpatti Village, Vadipatti Taluk, Madurai District, without putting prior notice and without giving any opportunity to the petitioner in the light of the order passed in Writ Petition(MD)No.21812 of 2015, dated 07.09.2017.