Madras High CourtWP(MD)/15125/2022disposed of

Saravanan. S v. The District Collector

2022-07-13Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.15125 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15125 of 2022 and W.M.P.(MD)No.10820 of 2022 S. Saravanan ... Petitioner Vs.

1. The District Collector, Pudukkottai District.

2. The Block Development Officer, Ponnamaravathi Union Panchayat, Pudukkottai District.

3. The Executive Officer, Ponnamaravathi Town Panchayat, Pudukkottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 3rd respondent from constructing cremating center in S.F.No.792/1 by obstructing the petitioner's only ingress and egress through the aforesaid survey number to their abutting patta land in patta No:4491 situate at Thottiyampatti Village, Ponnamaravathi Taluk, Pudukkottai District, by considering petitioner's last representation dated 08.07.2022. For Petitioner : Mr.K. Baalasundharam For R-1 : Mr.K. Balasubramani, Special Government Pleader.

For R-2 & R-3 : Mr.V. Nirmal Kumar, Government Advocate.

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2 W.P.(MD)NO.15125 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The issue raised in the present writ petition cannot be adjudicated in writ proceedings. The petitioner primarily wants his right of ingress not to be affected. The petitioner can as well move the jurisdictional civil Court.

3. With this liberty to the petitioner, this writ petition stands disposed of. I make it clear that I have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed.

13.07.2022 Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.15125 OF 2022 To:

1. The District Collector, Pudukkottai District.

2. The Block Development Officer, Ponnamaravathi Union Panchayat, Pudukkottai District.

3. The Executive Officer, Ponnamaravathi Town Panchayat, Pudukkottai District.

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4 W.P.(MD)NO.15125 OF 2022 G.R.SWAMINATHAN,J.

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