Palani v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2016
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.4105 of 2016 Palani ... Petitioner -Vs1. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.
2. The District Collector, Cuddalore District, Cuddalore.
3. The District Revenue Officer, Cuddalore District, Cuddalore.
4. The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
5. The Revenue Tashildar, Thittagudi Taluk Office, Cuddalore District.
6. The Tashildar, Adi-Dravider Welfare, Virudhachalam, Cuddalore District.
7. Subramaniyan ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the second respondent to consider the representation of the petitioner dated 25.1.2016 to implement the order passed by the second respondent made in No.V4/1518/2010 dated 28.5.2010 in accordance with law.
For Petitioner : No Appearance For Respondents : Mr.STS.Moorthy assisted by Mr.V.R.Kamalanathan Additional Government Pleader for R1 to R6
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The public interest litigation seeks to raise the issue about the obstruction on the pathway to the burial ground.
2. The counter-affidavit filed by the Tahsildar, Tittagudi/respondent No.5 states that there is a existing cart track in S.No.28/1B5 in Neivasal Revenue Village, however, the width of the cart track was not sufficient and during the funeral procession, the uncultivated patta lands came to be used as pathway, which caused conflicts. In order to permanently solve the problem, the Adi-Dravidar Welfare Department acquired a piece of land in S.No.28/1B5 measuring about 6.00 cents to the east of the present cart track for the purposes of widening the cart track in the year 2014. The acquisition was made by paying the compensation. Despite this, another group of villagers are against the widening of the cart track.
3. It has been further stated that in order to solve the long term cart track issue, a peace meetings were convened on 10.02.2016 and on 13.02.2016 by issuing proper notice. Different parties participated, including the petitioner and at the end of the meeting, it was agreed upon by all parties, including the petitioner, to widen the old cart track with the above acquired piece of land.
4. The aforesaid thus shows that the matter has been amicably resolved and that may be the reason that none represents the petitioner today.
5. The writ petition is, accordingly, closed. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar bbr
To
1. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.
2. The District Collector, Cuddalore District, Cuddalore.
3. The District Revenue Officer, Cuddalore District, Cuddalore.
4. The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
5. The Revenue Tashildar, Thittagudi Taluk Office, Cuddalore District.
6. The Tashildar, Adi-Dravider Welfare, Virudhachalam, Cuddalore District.
+1cc to the Government Pleader, S.R.No.18101 W.P.No.4105 of 2016 MSM(CO) CA(31/03/2016)