Kannammal vs The District Collector
2023 Latest Caselaw 6217 Mad

                                                                          W.A.No.3025 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:   14.06.2023

                                                       CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                        AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                               W.A.No.3025 of 2021


                     Kannammal                                       ..    Appellant

                                                        Vs

                     1.The District Collector,
                       District Collectorate Office,
                       Tiruvannamalai District.

                     2.The Tahsildhar,
                       Tiruvannamalai Taluk,
                       Tiruvannamalai District-606 604.

                     3.The Revenue Divisional Officer,
                       Tiruvannamalai Sub-Division,
                       Tiruvannamalai District-606 604.

                     4.The Panchayat President,
                       Konalur Village & Post,
                       Tiruvannamalai Taluk,
                       Tiruvannamalai District.




                     Page 1 of 6


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                                                                                    W.A.No.3025 of 2021


                     5.The Superintendent of Police,
                       Tiruvannamalai District,
                       Tiruvannamalai.                                       ..      Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order         of the   learned   Single   Judge    dated     15.7.2021 made      in
                     W.P.No.28831 of 2012.


                                      For the Appellant            : Mr.N.Kumar Rajan

                                      For the Respondents          : Mr.P.Muthukumar
                                                                     State Government Pleader
                                                                     assisted by
                                                                     Mr.U.Bharanidharan
                                                                     Addl. Government Pleader


                                                          JUDGMENT

(Delivered by the Hon'ble Chief Justice)

Heard Mr.N.Kumar Rajan, learned counsel for the appellant and

Mr.P.Muthukumar, learned State Government Pleader for the

respondents.

2. The appellant has filed the appeal against the order dated

15.7.2021 made in W.P.No.28831 of 2012. The appellant is the

original writ petitioner. On the date of hearing, the appellant

https://www.mhc.tn.gov.in/judis W.A.No.3025 of 2021

remained absent before the learned Single Judge. The learned Single

Judge also recorded the statement of learned counsel for the

respondents in the writ petition that there is no proposal pending

with the respondent authorities to create a pathway or road through

patta lands. Recording the said statement, the writ petition was

dismissed.

3. In case, the respondents indulge in any overt act to create

the pathway, which according to the appellant is not permissible, then

the same would give rise to a fresh cause of action and the appellant

may seek redressal in accordance with law.

4. With the aforesaid observation, the writ appeal stands

disposed of. There will be no order as to costs. Consequently,

C.M.P.No.20726 of 2021 is closed.

                                                            (S.V.G., CJ.)                (P.D.A., J.)
                                                                            14.06.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No
                     bbr

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https://www.mhc.tn.gov.in/judis W.A.No.3025 of 2021

To

1.The District Collector, District Collectorate Office, Tiruvannamalai District.

2.The Tahsildhar, Tiruvannamalai Taluk, Tiruvannamalai District-606 604.

3.The Revenue Divisional Officer, Tiruvannamalai Sub-Division, Tiruvannamalai District-606 604.

4.The Panchayat President, Konalur Village & Post, Tiruvannamalai Taluk, Tiruvannamalai District.

5.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

https://www.mhc.tn.gov.in/judis W.A.No.3025 of 2021

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr

W.A.No.3025 of 2021

14.06.2023

https://www.mhc.tn.gov.in/judis