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Madras High CourtWP/28408/2013disposed of

Mr.V.Rengasamy, v. The Commissioner,

2018-03-26Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.28408 of 2013 & M.P.No.1 of 2013 Mr.V.Rengasamy

...Petitioner

Vs

1. The Commissioner, HR & CE Department, Nungambakkam, Chennai - 600 034.

2. The Secretary, Education Department, Fort St. George, Chennai - 600 009.

3. The Executive Officer, Arulmigu Amirthakadaswarar Temple, Madukkur North, Pattukottai Taluk, Thanjavur District.

4. The Director, Higher School Education, Chennai - 600 034.

5. The President, Parents Teachers Association, Government Girls School, Madukkur, Pattukottai Taluk, Thanjavur District.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st respondent herein to consider the representation of the petitioner dated 24.09.2013 and pass such therein and till such period not to block the pathway of the petitioner in S.No's.706, 708 and 709 Maddukkur North Village, Pattukottai Taluk, Thanjavur District.

For Petitioner : M/s.C.Umashankar For Respondents: Mr.M.Maharaja, Spl.G.P. (for R1 & R3) Mr.A.Raja Perumal, AGP (for RR2 & 4)

ORDER

Heard the learned counsel for the petitioner, learned Special Government Pleader appearing for the respondents 1 and 3 and the learned Additional Government Pleader for the respondents 2 and 4.

2. The petitioner has come forward with this Writ Petition seeking direction to the respondents to consider his representation dated 24.09.2013 and till such period not to block the pathway to his lands in S.No's.706, 708 and 709 in Maddukkur North Village, Pattukottai Taluk, Thanjavur District.

3. The learned counsel for the petitioner submitted that the petitioner has now passed away.

4. The learned Additional Government Pleader for the respondents submitted that the petitioner sent a representation dated 24.09.2013, requesting the respondents to remove the fence and that the fence had already been removed by the respondents.

5. In reply, the learned counsel for the petitioner submitted that for the representation sent to the Hon'ble Chief Minister Cell, a reply was given by the Joint Commissioner, HR & CE, Thanjavur, stating that they won't block the access to the petitioner in Survey No.706/14A.

6. In the light of the above submissions, this Court is of the considered opinion, no further adjudication is necessary in this Writ Petition. Hence, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pvs

To

1. The Commissioner, HR & CE Department, Nungambakkam, Chennai - 600 034.

2. The Secretary, Education Department, Fort St. George, Chennai - 600 009.

3. The Executive Officer, Arulmigu Amirthakadaswarar Temple, Madukkur North, Pattukottai Taluk, Thanjavur District.

4. The Director, Higher School Education, Chennai - 600 034 + 1 cc to MR. C. Umashankar, Advocate Sr.23199 + 1 cc to the Special Government Pleader Sr.24094 + 1 cc to Mr. the Government Pleader Sr.23966 WP.No.28408 of 2013 GJII(CO) EU(24/04/2018)