P.Soundararajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP No.30826 of 2022 P.Soundararajan .. Petitioner -vs1.The District Collector, District Collectorate, Namakkal District.

2.The District Revenue Officer, Namakkal District, Namakkal.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tiruchengode, Namakkal District.

4.The Thasildar, Taluk Office, Tiruchengode, Namakkal District.

5.The Block Development Officer, Tiruchengode Panchayat Union, Trichengode, Namakkal District.

6.Rajapalayam Panchayat, Rep. by its President, O. Rajapalayam Post, Tiruchengode Taluk, Namakkal District.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 6th respondent from in any manner altering or making any constructions in the portion of the public road which is earmarked and classified as 'Road' in the public records in S.No.208/1 of Rajapalayam Village, Tiruchengode Taluk, Namakkal District, for the purpose of burial ground.

For Petitioner :

Mr.Thirumurugan, for M/s.S.Senthil For Respondents :

Mr.C.Kathiravan, Special Government Pleader for RR 1 to 5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Thirumurugan, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader, for respondents 1 to 5.

2. The learned Special Government Pleader does not dispute that the land in S.No.208/1 is a cart track. He further submits that there is no proposal to construct or commence any activity on the land in S.No.208/1 nor it is being used as a burial ground. The petitioner has filed the petition only on the basis of apprehension.

In light of that, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index : Yes/No : Yes/No sra To 1.The District Collector, District Collectorate, Namakkal District.

2.The District Revenue Officer, Namakkal District, Namakkal.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tiruchengode, Namakkal District.

4.The Thasildar, Taluk Office, Tiruchengode, Namakkal District.

5.The Block Development Officer, Tiruchengode Panchayat Union, Trichengode, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(sra) 08.04.2024