Madras High CourtWP/3908/2019disposed of

M.Marimuthu v. The Sub Collector

2024-02-19Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice K.Rajasekar6 pages

2024:MHC:6456

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19-02-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And THE HONOURABLE MR. JUSTICE K.RAJASEKAR And WMP No.4329 of 2019 M.Marimuthu .. Petitioner -vs1.The Sub Collector, Pollachi.

2.The District Revenue Officer, Coimbatore.

3.The Tahsildar, Pollachi, Coimbatore.

4.J.Krishnakumar .. Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to remove the obstruction in cart track in S.No.5 of ward H block 2 of Pollachi Town measuring an extent of 0.9537.0 cents.

For Petitioner :

Ms.V.Srimathi For Respondents-1 to 3 :

Mr.A.Selvendran, Special Government Pleader.

For Respondent-4 :

Mr.Krishna Prasad for M/s.Sarvabhauman Associates.

O R D E R

[ORDER OF THE COURT WAS MADE BY S.M.SUBRAMANIAM, J.] Mr.A.Selvendran, learned Special Government Pleader, appearing on behalf of respondents 1 to 3, on instructions, made a submission that the cart track is being used as cart track and not for any other purposes.

2. It is needless to state that the cart track is to be maintained for public use. In respect of the private property belongs to the petitioner, if anybody trespasses, then the petitioner is at liberty to approach the Competent Civil Court of Law.

3. As far as the cart track is concerned, the respondents 1 to 3 have now ensured that the cart track will be utilised for public purposes.

4. In view of the abovesaid submission made by the learned Special Government Pleader, appearing on behalf of respondents 1 to 3, no further adjudication needs to be entertained in respect of the grounds raised in the present writ petition. Thus, the respondents 1 to 3 are directed to maintain the cart track only for public usage and obstruction, if any found, is directed to be removed.

5. With the above directions, the present writ petition stands

disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(S.M.SUBRAMANIAM,J.) (K.RAJASEKAR,J.) 19-02-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To 1.The Sub Collector, Pollachi.

2.The District Revenue Officer, Coimbatore.

3.The Tahsildar, Pollachi, Coimbatore.

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

Svn

WP 3908 of 2019 19-02-2024