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Madras High CourtWP/4372/2015dismissed

A.K.Rajeswari v. The Government Of Tamilnadu

2015-03-10Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh3 pages

In the High Court of Judicature at Madras Dated: 10.03.2015

CORAM:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Writ Petition No. 4372 of 2015 and M.P.Nos.1 & 2 of 2015

1. A. K. Rajeswari

2. A. Kalaiarasi

3. P. Ramesh

4. C. Perumal

5. K. Rajam

6. A. Lillipushpam

7. S. Sebastian ... Petitioners vs.

1. The Government of Tamilnadu Rep. by the Principal Secretary to Government Revenue Department, Secretariat Chennai-600 009.

2. The District Collector Salem District, Salem.

3. The Commissioner H.R. & C.E. Department Nungambakkam, Chennai-600 034.

4. The Secretary Arulmigu Dharmaraja and Throwpathi Amman Koil, Valapadi Mallikarai Main Road A.Valapadi Revenue Village Valapadi Taluk, Salem District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in Proceedings No.29445/2006-K3, dated 7.12.2007 and confirmed the same by the 1st respondent in G.O. (1D)No.353, Revenue, dated 02.12.2011, quash the same in the light of the proceedings of Revenue Divisional Officer, Salem, dated 20.6.2005 and Local Panchayat Resolution dated 24.5.2007 and direct the respondents 1 and 2 to classify the Government Poromboke Land in S.No.41/8, A-Valapadi Revenue Village, Valapadi Taluk, Salem District as public road to the extent of 60" X 69" to enable the public as well as land owners to S.Nos.41/7, 41/4, 41/9 and 41/17 to use the same to reach the main road from their properties. For Petitioner : Mr. T.P. Kathirravan For Respondents : Mr. V.R. Kamalanathan Addl. Govt. Pleader for R1 & R2 Mr. S. Kandaswamy Spl. Govt. Pleader for R3 & R4.

O R D E R

(Made by The Hon'ble The Chief Justice) We are not inclined to entertain the public interest litigation on these seriously disputed facts, as set out in the petition and it is open to the petitioner to work out his civil remedies in accordance with law.

2. The writ petition is dismissed in the aforesaid terms. No costs. The connected Mps also are dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ATR

Copies to;

1. The Government of Tamilnadu Rep. by the Principal Secretary to Government Revenue Department, Secretariat Chennai-600 009.

2. The District Collector Salem District, Salem.

3. The Commissioner H.R. & C.E. Department Nungambakkam, Chennai-600 034.

4. The Secretary Arulmigu Dharmaraja and Throwpathi Amman Koil, Valapadi Mallikarai Main Road A.Valapadi Revenue Village Valapadi Taluk, Salem District.

+1cc to Mr.T.P.Kathiravan, Advocate, S.R.No.13326 +1cc to the Government Pleader, S.R.No.13418 W.P. No. 4372 of 2015 KU(CO) CA(18/03/2015)