M.Selvakumar, S/O.Muthusamy v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.313 of 2017 M.Selvakumar .. Petitioner Vs.
1. The District Collector, Sivagangai District, Sivagangai.
2. The Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai District.
3. The Tahsildar, Kalayarkoil Taluk, Sivagangai District.
4. The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai District.
5. Alphonse .. Respondents R5 is impleaded vide Court order dated 30.01.2017 in W.M.P(MD).No.1085 of 2017 PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to install the name board of Kaya Odai which had been uprooted on account of expansion of Highways, after removing the name board of Andoorani in Kalayarkoil to Paramakoil Road at Kaya Odai within a specified period.
For petitioner : Mr.K.Sreekumaran Nair For Respondent 1 to 4 : Mr.T.S.Mohamed Mohideen Additional Government Pleader For 5th Respondent : Mr.M.Ramu
O R D E R
*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The Writ Petition has been filed representing the villagers of Kaya Odai. The grievance of the writ petitioner is that the name board of Kaya Odai was displayed in Kalaiyar koil to
Paramakudi road. But it was removed by the Divisional Engineer, Highways Department.
2.The Kaya Odai villagers feel aggrieved that instead of displaying the name board of their village, the name board Andoorani village is being displayed. A perusal of the record would show that this is an age old dispute. A Civil suit had been instituted in this regard way back in the year 1985. One Alphonse filed O.S.No.509 of 1985 in representative capacity representing Andoorani village but the suit was dismissed. A.S.No.37 of 1992 filed before the District Court, Sivagangai was also dismissed. But in O.S.No.125 of 2002 filed by the Andoorani villagers for declaration of Andoorani as a stage for bus service was decreed. This was followed by filing of W.P.(MD).No.12286 of 2016 before this Court.
3.Heard the learned counsel appearing for the writ petitioner representing Kaya Odai village and the learned counsel appearing for the respondent representing Andoorani village. 4.The learned Additional Government Pleader representing the Official respondents also made submissions. In order to give quietus to the entire issue, this Court directs the Official respondents herein to install two name boards displaying the name of the respective villages. This is on account of the topographical location of the two villages. While, Kaya Odai is on the one side, Andoorani is the other side of the road. There is also a religious element present in this dispute. Therefore, the authorities will take care to ensure that both the name boards are of the same dimensions.
In other words, both the villages should receive identical treatment in the matter of displaying the name boards. By an arrow mark the location of the villages can be indicated. This suggestion to erect both the name boards containing the names of the respective villages alone would solve the issue that is simmering for more than four decades. We express our hope that both the villages would bury the hatchet. 5.With the above directions, this Writ Petition is accordingly disposed of. No costs.
Sd/- Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To:
1. The District Collector, Sivagangai District, Sivagangai.
2. The Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai District.
3. The Tahsildar, Kalayarkoil Taluk, Sivagangai District.
4. The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai District.
+1cc to Mr.K.Sreekumaran Nair, Advocate SR.No.71208 +1cc to Mr.M.Ramu, Advocate SR.No.71402 +1cc to The Spl.Government Pleader Sr.No.71699 SSS VB/KK/SAR2/04/09/2017/3P/8C ORDER MADE IN W.P.(MD)No.313 of 2017 08.08.2017