S.Perlin Mary v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.12907 of 2017 S.Perlin Mary .. Petitioner Vs.

1.The District Collector, Ramnad District, Ramnad.

2.The Superintendent of Police, Ramnad District, Ramnad.

3.The Revenue Divisional Officer, Ramnad District, Ramnad.

4.The Thasildar, Thiruvadanai Taluk, Ramnad District.

5.The Inspector of Police, Thondi Police Station, Ramnad District.

6.Jesuraj .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to clear the only public pathway and rescue the petitioner and her family from the illegal detaining and threatening of the 6th respondent.

For Petitioner : Mr.R.Sevugaraja For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

O R D E R

This writ petition has been filed by the petitioner seeking for the issuance of writ of mandamus directing the respondents 1 to 5 to clear the public pathway so as to enable the petitioner to access from outside to her house.

2. The case of the petitioner is that the passage in front of her house is a public pathway. Since it was obstructed by the sixth respondent, she has approached this Court by stating that the petitioner has been prevented from either entering or coming out of her house.

3.Since the facts narrated by the petitioner is with regard to her legal and fundamental rights of the petitioner, this Court taking serious note of the allegations, directed the respondent to get instructions and to do the needful, in case, the petitioner has really undergone the trauma projected by her in the affidavit filed in support of this writ petition. It appears that the respondent police has enquired and even during the enquiry, the sixth respondent has stated that he has cleared the obstruction, which was put to prevent the petitioner from having access to her house.

4. Recording the said submission, this writ petition is closed as no further orders is necessary. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramnad District,Ramnad.

2.The Superintendent of Police, Ramnad District,Ramnad.

3.The Revenue Divisional Officer, Ramnad District, Ramnad.

4.The Thasildar, Thiruvadanai Taluk, Ramnad District.

5.The Inspector of Police, Thondi Police Station,Ramnad District.

+1cc to Special Government Pleader, SR.No.70664 km/rmk MAS/JC/SAR2:30.08.2017:2P-7C ORDER MADE IN W.P.(MD).No.12907 of 2017 02.08.2017