IN THE HIGH COURT OF JUDICATURE AT MADRAS Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Petition No.22107 of 2008 ---

1. Michael Raj (deceased)

2. J.Dhanaselvi

3. M.Karthik

4. M.Soundararajan (Petitioners 2 to 4 are substituted as Legal Representatives of the deceased first petitioner, by order of Court, dated 30.08.2019 in W.M.P.No.23831 of 2019 in W.P.No.22107 of 2008) .. Petitioner Vs.

1. The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai-5.

2. The District Revenue Officer, Madurai Distrtict, Madurai.

3. The Revenue Divisional Officer, Madurai District, Madurai.

4. Tmt.G.Mariammal (died)

5. Gnanaprakasam

6. Lilly Pushpam

7. Amalamary

8. Irudhayamary

9. Josephine Shagayarani

10. Arokyaraj

11. Mariya Joseph (Respondents 5 to 11 are impleaded as legal representatives of the deceased G.Mariammal (fourth respondent), vide order of Court, dated 10.11.2023 in W.M.P.No.23833 of 2019 in W.P.No.22107 of 2008) .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent in his proceedings No.D.Dis.(K4) R.P.No.41/04 (8500/2004), dated 19.11.2004, confirming the orders of the third respondent in Na.Ka.No.10419/98 N, dated 31.08.1998 as confirmed by the second respondent in his order in See.Ma.No.20/99 (72194/99 G2), dated 07.06.2001 and quash the same and consequently direct the respondents 1 to 3 to restore the lane of a width of 6' running on the Eastern side of the petitioners' land bearing S.No.39/73, Samayanallur Village, Madurai District, as a common lane in the Revenue Records.

For petitioner : Mr.R.Karthikeyan For respondents: Mr.P.Gurunathan, Addl.G.P. for RR-1 to 3 Mr.R.Subramanian for R.4 RR-5 - notice sent and Tapal returned un-served (expired)

RR-6 - Tapal not yet returned either served or unserved RR-7 to 9 : Not ready in notice RR-10 and 11 - No appearance, names printed in the cause list ORDER The petitioners have filed the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent in his proceedings No.D.Dis.(K4) R.P.No.41/04 (8500/2004), dated 19.11.2004, confirming the orders of the third respondent in Na.Ka.No.10419/98 N, dated 31.08.1998 as confirmed by the second respondent in his order in See.Ma.No.20/99 (72194/99 G2), dated 07.06.2001 and quash the same and consequently direct the respondents 1 to 3 to restore the lane of a width of 6' running on the Eastern side of the petitioners' land bearing S.No.39/73, Samayanallur Village, Madurai District, as a common lane in the Revenue Records.

2. The case of the petitioner in a nut-shell is as follows:

(a) The first petitioner (since deceased) was the owner of the lands in Survey No.39/69 in Samayanallur Village, Madurai North Taluk, of an extent of 0.01.9 hectares or about 5.5 cents. The said land comprised of a total extent of 11 cents that was a single piece of land. The lands vested with on Rayar Pillai.

His daughters, namely Savariyayee and Mariyayee succeeded to the property by succession.

(b) There was a civil suit between them in O.S.No.311 of 1919 on the file of the District Munsif Court, Melur, which was filed by Mariyayee, claiming half share in the total extent of 11 cents and odd. The said suit was decreed on 15.07.1920 and Mariyayee was declared to be entitled to the Northern half of the lands of 6.5 cents together with the trees thereon and also the right over the pathway of 6 bush feet on the Eastern part of the Southern half of the lands, apart from the other scheduled properties involved in the said suit.

(c) The said lands were divided into half and 2-3/4th cents were sold to Michael Pillai and another 2-3/4th cents were sold to Ariyanachiammal, Wife of Vellaisamy Pillai. Both the said extents were sold to one Rayar Pillai, Son of Michael Pillai and his son Michael Pillai, Savarimuthu Pillai and Athony Pillai succeeded to the lands. The middle s