Madras High Court
T.V.Amshalingam vs District Collector on 21 October, 2024
Author: S.S. Sundar
Bench: S.S. Sundar
W.A.No.2902 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.A.No.2902 of 2024
1.T.V.Amshalingam
2.D.Suresh Babu
3.S.Kirthiga
4.S.Parthiban
5.G.Rajesh
6.G.Balaji ... Appellants
Vs.
1.District Collector, Thiruvallur,
Thiruvallur District.
2.Chembarambakkam Minor,
Panchayat represented by its President,
Chembarambakkam, Tiruvellore District.
3.Block Development Officer/Commissioner,
Poonamallee Panchayat Union,
Poonamallee, Tiruvellore District. ... Respondents
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W.A.No.2902 of 2024
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 20.02.2024 in W.P.No.25454 of 2023 on the file of this Court.
For Appellants : Mr.G.Sankaran
Senior Counsel
for Mr.N.Krishna Kumar
For Respondents : Mr.A.Selvendran
Special Government Pleader
JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
This Writ Appeal is directed against the order of the learned Single
Judge dated 20.02.2024 in W.P.No.25454 of 2023 dismissing the writ
petition filed by the appellants for issuing a Writ of Mandamus forbearing
the respondents or anybody claiming through them from in any way
interfering with the peaceful possession and enjoyment of writ petitioners'
land comprised in S.No.146/5, 146/6, 146/7, 146/16, 236/1, 236/2C and
236/2D, 236/2, 236/2F and 236/5, situated in Chembarambakkam Village,
Thiruvallur District, without due process of law, to form or attempt to form a
pathway in the middle of petitioners' lands to the graveyard situated in
S.No.271/2 in Chembarambakkam Village, Thiruvallur District.
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2.It is admitted that some of the appellants have earlier filed writ
petitions, in W.P.Nos.6915, 6916 and 6917 of 2022, in respect of lands in
S.Nos.146/7, 146/16, 236/1, 236/2C, 236/2D, 236/2E and 236/2F and in
S.Nos.271/2 and 146/5 in Chembarambakkam Village, for issuance of a Writ
of Mandamus forbearing the official respondents from in any way
interfering with the writ petitioners' peaceful possession and enjoyment of
the lands comprised in the aforesaid Survey Fields in Chembarambakkam
Village. This Court, taking note of the submissions made by the learned
counsel appearing for the writ petitioners, disposed of the writ petitions by
order dated 23.12.2011 in the following lines :
“8.As it has been assailed by the petitioners that they are
the absolute owners of the land in question, which fact has not
been denied by the respondents by filing counter affidavit,
these writ petitions are disposed of by directing the respondents
not to interfere with the possession and enjoyment of the
petitioners' property without following due process of law.
Consequently, connected miscellaneous petitions are closed.
No costs.”
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3.It is pertinent to mention that the writ petitions were disposed of by
the learned Single Judge without hearing the official respondents on merits.
This prompted the President of the Chembarambakkam Minor Panchayat to
file an appeal as against the order in W.P.No.6915 of 2022, dated
23.12.2011. The appeal filed by the President of the Chembarambakkam
Minor Panchayat was dismissed by the Division Bench of this Court,
holding that the order of the learned Single Judge is no way affecting the
right of the local body to evict the writ petitioners from the property if they
are not having any right over the same.
4.Now, the appellants have come forward with the present writ
petition in W.P.No.25454 of 2023 for similar relief. The learned Single
Judge disposed of the writ petition giving liberty to the appellants to work
out their remedy before the proper forum in the manner recognised by law.
Aggrieved by the same, the appellants have preferred the above Writ Appeal.
5.It is the case of the appellants that the properties are private patta
lands and that therefore, the official respondents cannot interfere with their
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exclusive title over the same. However, from the records, it is seen that the
official respondents claim that there is a public pathway which is in
existence and runs through the property of the appellants which is being
enjoyed by the villagers to have access through the pathway to the graveyard
in S.No.271/2 in Chembarambakkam Village.
6.The appellants have not even impleaded the persons who are
actually using the alleged pathway which is in existence for the benefit of
public. Even assuming for a moment that the appellants are owners of land,
still existence of a pathway is possible and the existence of public pathway
only recognises the right of easement in favour of public. Once the property
is recognised as public pathway, it is open to the official respondents to take
action, even if the right of public to have access through the public pathway
is interfered with by the appellants. The learned Single Judge dismissed the
writ petition giving liberty to the appellants to work out their remedies
before the appropriate form in case they are aggrieved. Having regard to the
overall circumstances and the facts that are brought to the notice of this
Court, this Court cannot decide whether the appellants have an exclusive
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title to the property or whether a public pathway is in existence as claimed
by the villagers or official respondents. As per the Survey Manual, the
Revenue officials can also demarcate the public pathway in private land if it
is being enjoyed. Only the Civil Court will be competent to decide the issue
on the basis of Revenue records, FMB prepared before UDR, and the actual
classification of the land. The appellants have approached this Court for
reliefs which can be granted only by the Civil Court.
7.It is in these circumstances, giving liberty to the appellants to
establish their exclusive title or ownership over the property in question
before the appropriate forum in the manner known to law, this Writ Appeal
is dismissed. No costs.
(S.S.S.R., J.) (A.D.M.C., J.)
21.10.2024
mkn
Internet : Yes
Index : Yes
Neutral Citation : Yes
To
1.The District Collector, Thiruvallur,
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Thiruvallur District.
2.The President,
Chembarambakkam Minor Panchayat,
Chembarambakkam, Tiruvellore District.
3.The Block Development Officer/Commissioner,
Poonamallee Panchayat Union,
Poonamallee, Tiruvellore District.
S.S. SUNDAR, J.
and
Dr.A.D. MARIA CLETE, J.
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mkn
21.10.2024
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