Subban v. The District Collector / The District Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.21304 of 2024 Subban : Petitioner Vs.

1.The District Collector / The District Monitoring Committee, Office of the District Collector, 2.The Tahsildar, Office of the Tahsildar, 3.The Block Development Officer, Manikandam Panchayat Union, Trichy.

1/5

4.The President, Poolankulathur Village, Inam Mathur Panchayat, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing thte respondents from in any manner laying the road through the midst of burial ground area more particularly by encroaching the burial ground comprised in S.No.258/10 situated at Poolangulathur Village, Srirangam Taluk, Trichy District on the basis of the petitioner's representation dated 03.10.2024, within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents 1 to 3 : Mr.S.Shaji Bino Special Government Pleader For Respondent No.4 : Mr.K.Rajesh

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] Alleging that the fourth respondent herein is attempting to lay a road in S.No.258/10, which is classified as a burial ground, 2/5

the present Writ Petition is filed, to forbear them from laying the road.

2.On our direction, the Tahsildar, Srirangam has filed an affidavit dated 12.11.2024, wherein it is stated that there is no encroachment in the form of a road in the burial ground which is in S.No.258/10 but rather the road which is sought to be laid is in S.No.262 of Mathur Village, which has been classified as a Government Poramboke Tharisu. Thus, the petitioner herein has filed the present writ petition on misconceived facts. 3.In the light of the statement made in the affidavit filed by the Tahsildar, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 13.11.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector / The District Monitoring Committee, Office of the District Collector, 2.The Tahsildar, Office of the Tahsildar, 3.The Block Development Officer, Manikandam Panchayat Union, Trichy.

4.The President, Poolankulathur Village, Inam Mathur Panchayat, 4/5

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 13.11.2024 5/5