✦ Madras High Court

Judgment · High Court

A ARUMUGHASWAMY2 min read

Case at a glance

Outcome

Disposed of

Considering the averments in the affidavit filed insupport of this writ petition and the limited relief that hasbeen sought for, this writ petition is disposed of with adirection to the first respondent to consider and pass suitableorders on the petitioner's representation dated 23

Provisions considered

Key paragraphs

  • Para 44. Considering the averments in the affidavit filed in support of this writ petition and the limited relief that has been sought for, this writ petition is disposed of with adirection to the first respondent to consider and pass suitable orders on the petitioner's representation…

Judgment

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDated :: 12..04..2011Coram::THE HONOURABLE MS. JUSTICE K. SUGUNAandTHE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMYWrit Petition (MD)No.2615 of 2011 K. Muruganatham, S/o. Kandasamy Thevar, No.2, Thiyagarajapuram, Radhapuram Taluk, Tirunelveli District. ..... Petitioner - Vs -1. The District Collector, Tirunelveli District, Tirunelveli.

2.

The District Revenue Officer, O/o. District Revenue Office, Tirunelveli District, Tirunelveli.

3.

The Tahsildar, Radhapuram Taluk, Tirunelveli District. ......RespondentsWrit Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamusto direct the respondents to consider the representation dated23.12.2010 made by the petitioner and consequently directing the respondents to protect the rights of the Schedule Caste people living in Thiagarajapuram Village, Radhapuram Taluk, TirunelveliDistrict for using the burial ground road to access the burial ground. For Petitioner :: Mr. K. Mahendran For Respondents:: Mr. R. Janakiramulu Special Government Pleader- - - - - - -

O R D E R(Order of the Court was delivered by A.ARUMUGHASWAMY, J.)The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus to direct the respondents to consider his representation dated 23.12.2010 and for a direction to the respondents to protect the rights of the Schedule Caste https://hcservices.ecourts.gov.in/hcservices/ 2people living in Thiagarajapuram Village, Radhapuram Taluk, Tirunelveli District for using the burial ground road to access the burial ground.2. The contention of the petitioner is that in 1980 -1981, the Government laid a road to access the burial ground of Schedule Caste People and without any hindrance, they are using the said road for the past 30 years. Now, by contending that third parties are trying to obstruct the usage of the burial ground road, the petitioner made a representation dated23.12.2010, requesting the first respondent to protect the rights of the Schedule Caste people living in ThiagarajapuramVillage, Radhapuram Taluk, Tirunelveli District for using the burial ground road. Since no order was passed, the petitioner has approached this Court by way of the present writ petition. 3. We have heard the submissions of the learned counsel appearing for the petitioner and the learned SpecialGovernment Pleader appearing for the Respondents.

Operative part

4.

Considering the averments in the affidavit filed in support of this writ petition and the limited relief that has been sought for, this writ petition is disposed of with adirection to the first respondent to consider and pass suitable orders on the petitioner's representation dated 23.12.2010 in accordance with law, following the procedure contemplated under the relevant rules and after affording reasonable opportunity to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. However, there will be no order as to costs. Sd/-Deputy Registrar(Accounts)/True Copy/Assistant RegistrarTo:1. The District Collector, Tirunelveli District, Tirunelveli. 2. The District Revenue Officer, O/o. District Revenue Office, Tirunelveli District, Tirunelveli. 3. The Tahsildar, Radhapuram Taluk, Tirunelveli District. +One CC to Mr.K.Mahendran, Advocate, SR.No.13793+One CC to The Spl Govt. Pleader, SR.No.13957Dpnrl/6c – 23.5.2011W.P.(MD)No.2615 of 2011 12.04.2011

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Considering the averments in the affidavit filed insupport of this writ petition and the limited relief that hasbeen sought for, this writ petition is disposed of with adirection to the first respondent to consider and pass suitableorders on the petitioner's representation dated 23

Which statutory provisions did this judgment involve?

Constitution of India — art. 226.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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