E.M.I.D. Lucas, President v. The Sub Collector Revenue

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 12161 of 2018 E.M.I.D. Lucas President "Othiyampet - Kombakkam Catholic Christian Village Panchayat"

S/o. Edward Lucas No.20, Thiruvalluvar Nagar Othiyampet Main Road Villiyanur Puducherry - 605 110.

... Petitioner -vs1. The Sub Collector Revenue (South) Government of Puducherry Villiyanur, Puducherry-605 110.

2. The Commissioner Villiyanur Commune Panchayat Puducherry-605 110.

3.Delerock Maguimedasse President, 'Christian Welfare Union, Kombakkam and Odiampet'

S/o. Late Delerock Gnanapragasam Plot No.2, Madha Koil Street Kombakkam Puducherry 0 605 110.

... Respondents 1/4

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for all the records pertaining to minutes of the peace meeting held on 09.03.2018 at the chamber of the Sub-Collector Revenue (South) at Villianur Puducherry and quash the same as unlawful and illegal and further directing the First and Second Respondents not to interfere with the usage of the exclusive cemetery of Roman Catholic Christians situated in the land with an extent of 00.29.00 (H.A.Ca) comprised in R.S. No. 174/3 in Othiampet Revenue Village. For Petitioner : Mr. P.Veeraraghavan For Respondents : Mr. A.Alexander (For R1 & R2) Government Advocate Mr. M.Gnanasekaran (For R3)

O R D E R

Heard Mr. P.Veeraraghavan, Learned Counsel for the Petitioner and Mr. A.Alexander, Learned Government Advocate appearing for the First and Second Respondents, Mr. M.Gnanasekaran, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

Learned Counsel for the Petitioner submits that after the filing of the Writ Petition, the matter has been amicably resolved between the parties and he 2/4

has made an endorsement to that effect in the court record. However, inasmuch as Learned Counsel for the Third Respondent disputes such settlement between the parties, it is made clear that the Third Respondent is not precluded from working out his rights, if he has any grievance, before the proper forum in the manner recognized by law, and no view has been expressed by this Court on the merits of the controversy involved in this case. In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs. 09.11.2022 Maya Index: Yes/No Note: Issue order copy by 30.11.2022.

To

1. The Sub Collector Revenue (South) Government of Puducherry Villiyanur, Puducherry-605 110.

2. The Commissioner Villiyanur Commune Panchayat Puducherry-605 110.

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P.D. AUDIKESAVALU, J.

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