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Madras High CourtWP/26793/2017closed

K. Selvam v. The District Collector

2018-09-07Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.26793 of 2017 and W.M.P.No.28518 of 2017 K.Selvam .. Petitioner Vs 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, Dharmapuri Taluk, 4.The Joint Commissioner, Salem District, Salem.

5.The Assistant Commissioner, 6.Vediappan 7.Krishnan 8.Shanmugam .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondents 1 to 5 to protect the pathway from being closed based on the petitioner's representation dated 09.10.2017. For Petitioner :Mr.M.Selvam For Respondent :Mr.J.Ramesh

Additional Government Pleader for R1 to R3 Mr.M.Maharaja Special Government Pleader for R4 & R5 Mr.G.Jeremiah for R6

O R D E R

When the matter was taken up for consideration, the learned Special Government Pleader appearing for the respondents 4 and 5, on instructions, submitted that the prayer sought in this writ petition is nothing but an apprehension of the petitioner, as the department has not taken any steps to close the pathway being used by the adjacent land owners. However, the learned Special Government Pleader submitted that the petitioner cannot claim any right over the same.

2. The above submission made by the learned Special Government Pleader is not refuted by the learned counsel for the petitioner.

3. Hence, Recording the submission so made by the learned Special Government Pleader appearing for the respondents 4 and 5, this writ petition is closed. No costs. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, Dharmapuri Taluk, 4.The Joint Commissioner, Salem District, Salem.

5.The Assistant Commissioner, +1cc to Mr.M.Selvam, Advocate, S.R.No.62500 +1cc to the Government Pleader, S.R.No. 62633 & 62719 W.P.No.26793 of 2017 and W.M.P.No.28518 of 2017 PVS(CO) GSP(03/10/2018)