Madras High Court
G.Vasantha Kokilam vs The District Collector on 23 March, 2023
W.P.No.34943 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.34943 of 2022
and WMP Nos.34378, 34379 and 34380 of 2022
G.Vasantha Kokilam ...Petitioner
Vs
1. The District Collector,
Office of the Collector,
Krishnagiri District,
Krishnagiri.
2. The Superintendent of Police,
Krishnagiri District.
Krishnagiri.
3. The Deputy Superintendent of Police,
Barur Village,
Pochampalli,
Krishnagiri District.
4. The Inspector of Police,
Barur Police Station,
Barur Village,
Pochampalli Taluk,
Krishnagiri District
1/6
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W.P.No.34943 of 2022
5. The Tahsildar,
Pochampalli Taluk,
Pochampalli,
Krishnagiri District.
6. The Firka Surveyor,
Barur Village,
Pochampalli Taluk Office,
Krishnagiri District.
7. V.Logeshwari
8. G.Malar
9. G.Partheeban
10.N.Saroja
11.P.Palaniyammal
12.A.Kasturi ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus forbearing the respondents 1 to 6 from
creating or establishing any pathway in Survey Nos.167/1A and 167/2 in
any form either by modification or correction of the revenue records of
sub-division of the petitioner's lands in Survey Nos.167/1A and 167/2 or
otherwise..
For Petitioner : Mr.N.R.S.Ganesan
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
For R.1 to R.6
Mr.M.Vignesh
For R.7
Mr.M.Mariappan
For R.8 to R.12
2/6
https://www.mhc.tn.gov.in/judis
W.P.No.34943 of 2022
ORDER
Heard Mr.N.R.S.Ganesan, learned counsel for the petitioner and
Mr.Yogesh Kannadasan, learned Special Government Pleader for the
respondents 1 to 6, Mr.M.Vignesh, learned counsel for the seventh
respondent and Mr.M.Mariappan, learned counsel for the respondents 8
to 12.
2. The apprehension of the petitioner is that since she is the owner
of the land comprised in Survey Nos.167/1A and 167/2 of Barur
Village, Pochampalli, Krishnagiri District, the respondents 1 to 6 have no
authority to modify, convert or make any entries in the revenue records
for the purpose of creating a pathway in the subject lands.
3. The official respondents 1 to 6 have filed counter affidavit
before this Court, in which, they have specifically stated that the official
respondents have only surveyed the land of the seventh respondent and
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W.P.No.34943 of 2022
have not created any fresh pathway in the petitioner's land in Survey
Nos.167/1A and 167/2. In paragraph no.18 of the counter affidavit, the
official respondents have stated that the seven respondent has searched
and traced the survey stones in all the nearby lands and has not created
any fresh path in the lands of the writ petitioner and the further course of
the action will be taken in accordance with the judgment and decree to be
passed by the Civil Court in O.S.No.20 of 2020, pending on the file of
District Munsif, Pochampalli.
4. In view of such statement made by the official respondents, the
petitioner's apprehension is hereby protected and recording the statement
made by the official respondents in their counter affidavit to the aforesaid
effect, the writ petition stands closed. No costs. Consequently, connected
miscellaneous petitions are closed.
23.03.2023
Index:Yes/No
Speaking order/Non-speaking order
sr
https://www.mhc.tn.gov.in/judis
W.P.No.34943 of 2022
To
1. The District Collector,
Office of the Collector,
Krishnagiri District,
Krishnagiri.
2. The Superintendent of Police,
Krishnagiri District.
Krishnagiri.
3. The Deputy Superintendent of Police,
Barur Village,
Pochampalli,
Krishnagiri District.
4. The Inspector of Police,
Barur Police Station,
Barur Village,
Pochampalli Taluk,
Krishnagiri District
5. The Tahsildar,
Pochampalli Taluk,
Pochampalli,
Krishnagiri District.
6. The Firka Surveyor,
Barur Village,
Pochampalli Taluk Office,
Krishnagiri District
https://www.mhc.tn.gov.in/judis
W.P.No.34943 of 2022
M.S.RAMESH,J.
sr
W.P.No.34943 of 2022
23.03.2023
https://www.mhc.tn.gov.in/judis
