Madras High CourtWP(MD)/28674/2023disposed of

I.Kalanthar Ashik Ahamed v. The District Collector

2023-12-05Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL I.Kalanthar Ashik Ahamed .. Petitioner vs 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Block Development Officer, Block Development Office, Mandapam Union, Ramanathapuram Taluk, Ramanathapuram District.

3.The Block Development Officer, Block Development Office, Ramanathapuram Union, Ramanathapuram Taluk, Ramanathapuram District.

4.The Block Development Officer, Block Development Office, R.S.Mangalam Taluk, Ramanathapuram District.

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5.The Block Development Officer, Block Development Office, Thiruppullani Taluk, Ramanathapuram District.

6.The Block Development Officer, Block Development Office, Thiruvadanai Taluk, Ramanathapuram District.

7.The Block Development Officer, Block Development Office, Bogalur Taluk, Ramanathapuram District.

8.The Block Development Officer, Block Development Office, Kadaladi Taluk, Ramanathapuram District.

9.The Block Development Officer, Block Development Office, Kamudhi Taluk, Ramanathapuram District.

10.The Block Development Officer, Block Development Office, Mudukulathur Taluk, Ramanathapuram District.

11.The Block Development Officer, Block Development Office, Nainarkoil Taluk, Ramanathapuram District.

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12.The Block Development Officer, Block Development Office, Paramakudi Taluk, Ramanathapuram District.

.. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondent Nos.2 to 12 to take preventive action cows from straying on the road in order to prevent cause of accident in view of the Circular issued by the first respondent in Sae.Vae.No.44 dated 21.09.2023 and by considering the petitioner's representation dated 16.09.2023 within the period stipulated by this Court.

For Petitioner :

Mr.S.Atham Ali For Respondents :

Mr.P.Thilak Kumar Government Pleader

ORDER

[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] has been filed in this Court on 04.12.2023. 3/10

2.Factual matrix in a nutshell is that captioned WP has been filed as a 'Public Interest Litigation' [hereinafter 'PIL' for the sake of brevity]; that PIL petitioner is concerned for hazard to road users owing to cattle stray on the road and accidents that are caused owing to the same; that PIL petitioner refers to a Circular dated 21.09.2023 bearing reference br.bt.vz;.44 issued by first respondent. 3.Today, Mr.S.Atham Ali, learned counsel for PIL petitioner, submitted that PIL petitioner has sent a representation dated 16.09.2023 and that representation itself was sent after sending queries under 'Right to Information Act, 2005' (hereinafter 'RTI Act' for the sake of brevity, convenience and clarity) and eliciting replies from the authorities concerned including a reply that there was death in a road accident owing to collusion qua a two-wheeler and stray cattle vide Crime No.18 of 2023 on the file of Kovilangulam Police Station [Sections 279, 337 and 304A of the Indian Penal Code].

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4.Issue notice.

5.Mr.P.Thilak Kumar, learned Government Pleader, accepts notice for all twelve (12) respondents.

6.Learned Government Pleader submitted that aforementioned 21.09.2023 Circular is being implemented and to buttress the submission, learned Government Pleader placed before us a sample communication from the Block Development Officer to Village Panchayat President being communication dated 06.10.2023 bearing reference Na.Ka.No.D4/427/2023 and a scanned reproduction of the same is as follows:

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7.Learned State counsel submitted, on instructions, that similar representations have been sent out to all Village Panchayat Presidents and therefore every possible effort is being taken for implementation of aforementioned 21.09.2023 Circular [Circular bearing reference br.bt.vz;.44] issued by first respondent. 8.In the light of the narrative thus far, this Bench finds that the issue brought up by PIL petitioner is being addressed and therefore we deem it appropriate to record the aforementioned statement of learned Government Pleader made on instructions and drop the curtains on the captioned matter.

9.Captioned WP is disposed of as closed albeit recording the stated position of possible steps that are being taken. There shall be no order as to costs.

(M.S.,J.) (R.S.V.,J.) 05.12.2023 Index : Yes/No ps 7/10

To 1.The District Collector, Office of the District Collector, Ramanathapuram District.