Gopalakrishnan N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.17483 of 2024 N.Gopalakrishnan ... Petitioner -vs1.The District Collector, Collector Office at Nagercoil, Kanyakumari District.

2.The Assistant Director of Town Panchayat, Nagercoil, Kanyakumari District.

3.The Marungoor Town Panchayat, Represented by its Executive Officer, Marungoor - 629 402, Kanyakumari District.

marungoortpt@gmail.com 4.The President, Marungoor, Kanyakumari District.

... Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from putting up any construction (in the nature of a compound wall or any other manner) in the Public Street / Pathway in Survey No.400/9, Marungoor Village, Agasteeswaram Taluk, Kanyakumari District, obstructing the said Public Street / Pathway and maintain the said public street/ pathway free from any encroachment. For Petitioner : Mr.N.Dilip Kumar For R1 and R2 :

Mr.S.P.Maharajan Special Government Pleader For R3 and R4 : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus, forbearing the respondents from putting up any construction (in the nature of a compound wall or any other manner) in the Public Street / Pathway in Survey No.400/9, Marungoor Village, Agasteeswaram Taluk, Kanyakumari District, obstructing the said Public Street / Pathway and maintain the said public street/ pathway free from any encroachment.''

2. The Executive Officer of Marungoor Town Panchayat / the third respondent herein has filed an affidavit stating that the proposal to construct compound wall near to the water tank in Survey No.400/9, Marungoor Village, has been dropped.

3. In view of the same, this Writ Petition is disposed of as unnecessary. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 03.10.2024 smn2 To 1.The District Collector, Collector Office at Nagercoil, Kanyakumari District.

2.The Assistant Director of Town Panchayat, Nagercoil, Kanyakumari District.

3.The Executive Officer, Marungoor - 629 402, Kanyakumari District.

4.The President, Marungoor, Kanyakumari District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 and W.M.P.(MD)No.17483 of 2024 03.10.2024