Subramani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Subramani ...

Petitioner versus 1.The District Collector, District Collectorate, Namakkal District, Tiruchengode Road, Namakkal - 637 003.

2.The Tahsildar, Mohanur Taluk, Namakkal District.

3.The President, Maniyakalipatti Panchayat, Namakkal District.

4.Thangavel ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in Na.Ka.No.1728/2021/A2 dated 01.07.2024 quash the same and forbearing the respondents from interfering with any 1/6

activity in the burial ground comprised in S.No.197, Pettapalayam Village Mohanur Taluk, Namakkal District.

For Petitioner :

M/s.I.Abrar MD Abdullah For Respondent Nos.1 to 3 :

Mr.A.Selvendran Special Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to quash the impugned notice dated 01.07.2024 issued by the second respondent and forbearing the respondents from interfering with any activity in the burial ground comprised in SurveyNo.197, Pettapalayam Village Mohanur Taluk, Namakkal District. 3.

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 3 and perused the materials available on record.

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4.

It is the main grievance of the writ petitioner that this Court in W.P.No.19946 of 2021 has already directed the authorities to wait till the outcome of the second appeals, which are pending before this Court. However, despite that order, now notice has been issued. 5.

The learned Special Government Pleader for the respondents 1 to 3 has produced the proceedings of the Tahsildar in Na.Ka.No.1728/2021/A2 dated 26.07.2024 wherein the Tahsildar has recorded that the decision to remove the fence will be taken after the final decision in the second appeals.

6.

In such view of the matter, nothing survives in the writ petition. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 29.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/6

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To 1.The District Collector, District Collectorate, Namakkal District, Tiruchengode Road, Namakkal - 637 003.

2.The Tahsildar, Mohanur Taluk, Namakkal District.

3.The President, Maniyakalipatti Panchayat, Namakkal District.

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N.SATHISH KUMAR , J.

sri 29.07.2024 6/6