Dr.P.Elango Vs. the General Manager

Dr.P.Elango vs The General Manager

Type Court Judgment Court Chennai Decided Apr 09, 2012

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Citation: sooperkanoon.com/927243
Court: Chennai High Court
Judge: Vinod K.Sharma, J.
Decided On: Apr 09, 2012
Case Number: W.P. No.28970 of 2011 and M.P.No.1 of 2011
Subject: Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Constitution

Key legal issue: Constitution
Acts & sections: Constitution of India - Articles 226

Parties & Advocates

Appellant / Petitioner

Dr.P.Elango

Advocate Mr.R.Karthikeyan, Adv

Respondent

The General Manager

Advocate Mr.M.Vellaichamy, Adv.

Legal References

Acts: Constitution of India - Articles 226

Excerpt

prayer: writ petition is filed under article 226 of constitution of india for the issuance of a writ in the nature of mandamus, to direct the 2nd respondent to provide pathway through the railway land in town survey no.12, 15, 16, 17, 16/2b, 21 and 25 of ward no.d block no.4, namakkal town from the petitioner's land in t.s.no.15/7a and 22/5a based upon his representation dated 07.09.2010, 23.05.2011 and 07.08.2011 and also in consonance of the orders of this hon'ble court as made in w.p.no.7807 of 2010 dated 26.07.2010.order1. learned counsel for the respondents has placed on record a letter received from the southern railway, pointing out that the railway administration shall allow the petitioner to use the railway land as pathway, as sufficient "land width" is available in front of petitioner's land to facilitate him to use pathway for approaching his land, through railway land without any obstruction. the road shall, however, be used by the petitioner as per usual terms and conditions, stipulated by the railway, but without any hindrance from the railway.2. in view of the stand taken by the respondents, this writ petition has been rendered infructuous. disposed of accordingly.3. no costs. connected miscellaneous petition is closed.

Full Judgment

Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of Mandamus, to direct the 2nd respondent to provide pathway through the Railway land in Town Survey No.12, 15, 16, 17, 16/2B, 21 and 25 of Ward No.D Block No.4, Namakkal Town from the petitioner's land in T.S.No.15/7A and 22/5A based upon his representation dated 07.09.2010, 23.05.2011 and 07.08.2011 and also in consonance of the orders of this Hon'ble Court as made in W.P.No.7807 of 2010 dated 26.07.2010.

ORDER

1. Learned counsel for the respondents has placed on record a letter received from the Southern Railway, pointing out that the Railway Administration shall allow the petitioner to use the Railway land as pathway, as sufficient "land width" is available in front of petitioner's land to facilitate him to use pathway for approaching his land, through railway land without any obstruction. The road shall, however, be used by the petitioner as per usual terms and conditions, stipulated by the Railway, but without any hindrance from the Railway.

2. In view of the stand taken by the respondents, this writ petition has been rendered infructuous. Disposed of accordingly.

3. No costs. Connected miscellaneous petition is closed.

Same Court & Year Chennai · 2012 Same Parties Dr.P.Elango vs The General Manager Same Subject Constitution Same Judge Vinod K.Sharma, J. Acts & Sections Constitution of India - Articles 226