Madras High CourtWP(MD)/14082/2013disposed of accordingly

Dr. A. Manohar Williams v. The District Collector

2017-12-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14082 of 2013 and MP(MD)No. 1 of 2013 Dr.A.Manohar Willams ... Petitioner Vs.

1. The District Collector, Kanyakumari District at Nagercoil.

2. The Revenue Divisional Officer, Nagercoil, Kanyakumarti District.

3.Sujatha Krishnan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to take appropriate steps to remove the obstruction made in the common pathway in survey No.F3/1, F3/2, F3/3 and F3/7 of Vadaseri Village, Agasteeswaram Taluk by considering the petitioner's representation dated 10.8.2013 within a time that may be stipulated by this Court.

For Petitioner : Mr.S.C.Herold Singh For Respondents 1 & 2 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondent -3 : Mr.D.Nallathambi

ORDER

This writ petition has been filed, seeking a Writ of Mandamus directing the respondents 1 and 2 to take appropriate steps to remove the obstruction made in the common pathway in survey No.F3/1, F3/2, F3/3 and F3/7 of Vadaseri Village, Agasteeswaram Taluk by considering the petitioner's representation dated 10.8.2013.

2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 3.By consent, the writ petition is taken up for final disposal

at the stage of admission itself.

4.Alleging that the third respondent is making construction, obstructing the common pathway, the petitioner had sent representations to the first and second respondents on 10.08.2013. Due to inaction on the part of the first and second respondents, the petitioner is before this Court.

5.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that since the representation was given in the year 2013, it is not known whether such a claim of the petitioner still subsists due to passage of time. 6.In view of the above submission, this writ petition is closed, leaving it open to the petitioner to approach the competent civil Court to work out his remedy. No costs. Cosequently, MP(MD)No. 1 of 2013, is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District at Nagercoil.

2. The Revenue Divisional Officer, Nagercoil, Kanyakumarti District.

+ 1 cc TO Mr.S.C.Herold Singh , Advocate in SR No. 93079 + 1 cc TO The Special Government Pleader in SR No. 93305 dsk AE/GT/SAR3/10.01.2018/2P/5C ORDER MADE IN W.P(MD)No.14082 of 2013 15.12.2017 https://hcservices.ecourts.gov.in/hcservices/