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WP No. 9679 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2025 CORAM THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD WP No. 9679 of 2025 Aarya Vaisiya Sangam, Represented by its President, R.Bhakthavatchalam, Uthangarai Town and Taluk, Krishnagiri District. Petitioner(s) Vs
1. The District Collector, Krishnagiri District. 2.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District. 3.The Thasildar, Uthangarai Taluk, Krishnagiri District. 4.The Block Development Officer, Uthangarai Taluk, Krishnagiri District. 5.The Panchayat President, Vengadathampatti Panchayat, Uthangarai Taluk, Krishnagiri District. Respondent(s) 1/8 https://www.mhc.tn.gov.in/judis
WP No. 9679 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to permit the above petitioner sangam to use the pathway to its land in Survey No.89/2 and 89/3 of Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District, starting from Vengadathampatti main road through the government poromboke land in Survey No.89/4 of Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District and remove shed erected in front of the gate belong to the petitioner sangam. For Petitioner(s): Ms.Ranjani For Respondent(s): Mr.M.Rajendiran Additional Government Pleader for R1 to R3 Mr.A.N.Purushothaman Special Government Pleader For R4 and R5
ORDER The present Writ Petition is filed for issuance of a Writ of Mandamus to to direct the respondents to permit the above petitioner sangam to use the pathway to its land in Survey Nos.89/2 and 89/3 of Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District, starting from Vengadathampatti main road through the government poromboke land in Survey No.89/4 of 2/8 https://www.mhc.tn.gov.in/judis
WP No. 9679 of 2025 Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District and remove shed erected in front of the gate belong to the petitioner sangam. 2. Mr.M.Rajendiran, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 3 and Mr.A.N.Purushothaman, learned Special Government Pleader, takes notice on behalf of the respondents 4 & 5. 3. By consent of the parties, the main Writ Petition is taken for final disposal at the time of admission stage itself. 4. The case of the petitioner is that, the petitioner sangam had purchased the land in Vengadathampatti village in Survery Nos.89/2 and 89/3, to a total extent of 0.37 hectares of agricultural land and is being cultivated by the association. It is stated that a small house is being constructed and a 'Kho Saalai' is being constructed in its vicinity. Since 1963, the petitioner sangam have access to the above land through usual cart way starting from Vengadathampatti main road, which is the government poromboke land, however, in Survey 3/8 https://www.mhc.tn.gov.in/judis
WP No. 9679 of 2025 No.89/4, where the vegetable market is now situated and they are blocking the pathway for the above land used by the petitioner sangam. Therefore, the petitioner made a representation on 03.04.2024 before the respondents, seeking to permit the petitioner sangam to use the pathway to its land in Survey Nos.89/2 and 89/3 of Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District, starting from Vengadathampatti main road through the government poromboke land in Survey No.89/4 of Vengadathampatti Village, Uthangarai Taluk, Krishnagiri District and to remove the shed erected in front of the gate belongs to the petitioner sangam. However, the said representation was not considered by the respondents, the petitioner had filed the present Writ Petition. 5. The learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 03.04.2024 and pass orders on the same within a particular time frame that may be fixed by this Court. 6.
Mr.M.Rajendiran, learned Additional Government Pleader appearing 4/8 https://www.mhc.tn.gov.in/judis
WP No. 9679 of 2025 for the respondents 1 to 3 would submit that the petitioner's representation dated 03.04.2024 will be considered by the respondents and orders passed within the time frame fixed by this Court. 7. Heard both sides and perused the materials available on record. 8. On perusal of the records, this Court finds that though the petitioner is enclosed the copy of the representation along with the typed set of papers, however, no acknowledgement on receipt of the said representation is available in the typed set of papers. Therefore, it would be appropriate now to direct the petitioner to submit a fresh representation to the first respondent within the stipulated time. 9. In view of the above, this Court passes the following directions: (i) The petitioner is directed to give a fresh representation to the first respondent, within a period of two (2) weeks from the date of receipt of a copy of 5/8 https://www.mhc.tn.gov.in/judis
WP No. 9679 of 2025 this order. (ii) On receipt of such representation submitted by the petitioner, the first respondent shall consider the same, after giving due notice to the petitioner as well as the 5 th respondent, opportunity of personal hearing to the petitioner, consider the documents filed by the parties and pass appropriate orders on its own merits and in accordance with law, within a period of eight (8) weeks thereafter. 10. With the above observations and directions, this writ petition is
disposed of. No costs. 25-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No jd 6/8 https://www.mhc.tn.gov.in/judis
WP No. 9679 of 2025 To 1.The District Collector, Krishnagiri District 2.The Revenue Divisional Officer Krishnagiri, Krishnagiri District 3.The Thasildar Uthangarai Taluk, Krishnagiri District 4.The Block Development Officer, Uthangarai Taluk, Krishnagiri District 5.The Panchayat President Vengadathampatti Panchayat, Uthangarai Taluk, Krishnagiri District 7/8 https://www.mhc.tn.gov.in/judis
WP No. 9679 of 2025 J.SATHYA NARAYANA PRASAD J. jd WP No. 9679 of 2025
25-03-2025 8/8 https://www.mhc.tn.gov.in/judis