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Madras High CourtWP(MD)/11151/2018disposed of

Aathimuthu v. The Principal Secretary

2018-05-16Honourable Mr Justice M. Sundar,Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.05.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE DR.JUSTICE ANITA SUMANTH WP(MD)No.11151 of 2018 and WMP(MD)No.10199 of 2018 Aathimuthu ... Petitioner vs.

1)The Principal Secretary, Adhi Dravidar Welfare Department, Secretariat, Chennai-9.

2)The Director, Adhi Dravidar Welfare Department, Chepakkam, Chennai.

3)The District Revenue Officer cum Sub Collector, Paramakudi, Ramanathapuram District.

4)The Special Tahsildar, Adhi Dravidar Welfare Department, Mudhukulathur, Ramanathapuram District.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to allow the Devandrakula Velalar People of Shanmugapuram Village to utilize the 63 cents pathway in survey No.243/1B for visiting their Karuppasamy Temple at Perunali Village, Kamuthi Taluk, Ramanathapuram District on the basis of representations dated 10.04.2018, 19.04.2018 within stipulated time by this Hon'ble Court. For Petitioner : Mr.Indrachithu For Respondents : Mr.Muthukaruppan, Additional Government Pleader

ORDER

(Order of the Court was delivered by M.SUNDAR, J.) This writ petition has been filed as a public interest litigation.

2.The subject matter of this writ petition is a pathway in Survey No.243/1B admeasuring 63 cents thereabouts.. 3.The case of the writ petitioner is that the aforesaid pathway is used for visiting Karuppasamy Temple at Perunali Village, Kamuthi Taluk, Ramanathapuram District.

4.Notwithstanding the prayer in the writ petition, learned counsel for the writ petitioner in the hearing today submitted that the prayer will stand abridged and he will be satisfied if the representation dated 19.04.2018 (annexed at page 29 of the typedset of papers) is disposed of by the respondents 3 and 4. 5.Mr.Muthukaruppan, learned Additional Government Pleader accepts notice on behalf of all the four official respondents. 6.Learned counsel who accepts notice on behalf of the official respondents submits that the aforesaid representation of the writ petitioner is under active consideration of the respondents 3 and 4. 7.In the light of the aforesaid narrative, this writ petition is disposed of with a direction to the 3rd respondent to dispose of the aforesaid representation dated 19.04.2018 within a fortnight from today.

8.It is to be noted that the learned Additional Government Pleader has placed before us a communication dated 18.04.2018 bearing Ref.No.Na.Ka.A1/1577/1999 sent by the 4th respondent to the 3rd respondent which is taken on file and the 3rd respondent shall dispose of the representation dated 19.04.2018 on the basis of the aforesaid input dated 18.04.2018 from the 4th respondent. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar

To 1)The Principal Secretary to Government of Tamil Nadu, Adhi Dravidar Welfare Department, Secretariat, Chennai-9.

2)The Director, Adhi Dravidar Welfare Department, Chepakkam, Chennai.

3)The District Revenue Officer cum Sub Collector, Paramakudi, Ramanathapuram District.

4)The Special Tahsildar, Adhi Dravidar Welfare Department, Mudhukulathur, Ramanathapuram District.

+ 1 CC TO Mr.T.INDIRACHITHU, ADVOCATE IN SR No. 65348 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 65659 RMK/BALA TE/SKN-RSK/SAR-3 : 23/05/2018 : 3P/7C WP(MD)No.11151 of 2018 16.05.2018