Judgment:
In the High Court of Judicature at Madras Dated:
01. 08.2013 Coram: The Honourable Mr.Justice M.Jaichandren Writ Petition No.20539 of 2011 1.Kunchikrishnan 2.Narayana Kurup 3.Padmavathy .. Petitioners vs. 1.The District Forest Officer, Nilgiris South Division, Ooty. 2.The Forest Range Officer, Naduvattam, The Nilgiris. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for a writ of certiorarified mandamus, calling for the records of Impugned Order dated 8.3.2011 made in C.No.10253/ 2008/D2 on the file of the 1st respondent and quash the same and directing the respondents or their subordinates not to disturb the petitioners in using the mud road which is leading from Udhagamandalam to Gudalur Main Road which is only access to reach the petitioners land comprised in Survey Nos.46B/ 1A1/ A3 to an extent of 275 acres of O'Vally Village in Gudalur Taluk, the Nilgiris District. For petitioners : Mr.K.A.Ramakrishnan For respondents : Mr.M.Hidayathullahkhan Govt. Advocate [Forest]. ----- ORDER
Heard the learned counsel appearing on behalf of the petitioners, as well as the learned counsel appearing on behalf of the respondents.
2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioners had submitted that it would suffice, if the Civil Miscellaneous Appeal, in C.M.A.No.36 of 2009, pending on the file of the District Court, Nilgiris, is directed to be disposed of, on merits and in accordance with law, within a specified period.
3. Learned counsel appearing on behalf of the respondents has no objection for this Court passing such an order.
4. In view of the above, without going into the merits of the present case, the District Court, Nilgiris, is directed to dispose of the Civil Miscellaneous Appeal, in C.M.A.No.36 of 2009, said to be pending on its file, on merits and in accordance with law, as expeditiously as possible.
5. Accordingly, the Writ Petition is disposed of, with the above directions. No costs. M.P.No.1 of 2011 is closed. gs To 1.The District Forest Officer, Nilgiris South Division, Ooty. 2.The Forest Range Officer, Naduvattam, The Nilgiris.
3. The District Court, Nilgiris.