N BALAKRISHNAN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This writ petition has been filed praying for a Writ of Mandamus to direct the respondents to prevent third parties from erecting a fence on the cart track situated in S.No.211, Nallur Village, Tiruppur District. The petitioner has stated that the cart track is connecting Rakkiapalayam and Parameswaranpalayam. Some anti-social elements are attempting to erect a fence on the cart track situated in S.No.211, in front of the petitioner's land. The cart track is being used by the public and it is being maintained by the Nallur Municipality, as well as the Revenue Department. Further, the anti-social elements are attempting to bury dead bodies in the cart track preventing the public from using it to reach their respective villages, namely, Rakkiapalayam, Parameswaranpalayam and Ganapathipalayam. Therefore, the petitioner had made several requests to the respondents to inspect the cart track, in S.Nos.211 and 218/1 Nallur village and to conduct an enquiry, with regard to the activities of the anti-social elements, who are trying to use the cart track as a burial ground.

(2.) At this stage of the hearing of the writ petition, the learned counsel Mr.D.Sreenivasan, appearing for the respondents has submitted that the Revenue Divisional Officer, Tiruppur, is conducting an enquiry, as directed by this Court, by its order, dated 01.10.2009, made in W.P.No.19927 of 2009, to take appropriate action, under section 133 of the Criminal Procedure Code. It has also been found, during the enquiry, that there is no attempt to bury the dead bodies in the cart track, in S.No.211, as alleged by the petitioner. The petitioner has filed the present writ petition only to delay appropriate action being taken by the respondents, as directed by this Court, by its Order, dated 01.10.2009, made in W.P.No.19927 of 2009. Hence, the writ petition is devoid of merits.

(3.) In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents and on the perusal of the records available, this Court finds that the present writ petition is devoid of merits. It is seen that the respondents are taking appropriate action, as directed by this Court, in its order, dated 01.10.2009, made in W.P.No.19927 of 2009. Therefore, no further orders are necessary in the present writ petition, at this stage. Therefore, the writ petition stands dismissed. However, it is made clear that if the petitioner has a genuine grievance it would be open to him to approach the appropriate authorities concerned, in the manner known to law. No costs. Consequently, the connected miscellaneous petition is also closed.