1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN WP(MD)No.10718 of 2011 R.Thangamalai :Petitioner -Vs- 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Peraiyur Taluk, Madurai District. 3.The President, Mothagam (M.Subbalapuram) Panchayat, Peraiyur Taluk, Madurai District. 4.Ramachandran 5.A.Subbaraj 6.Gunasekaran :Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to ensure the free access of Cart Track to the public by removing the obstruction in the Cart Track made by the respondents 4 and 6 running from Madurai Rajapalayam Main Road – Thaadhankulam Road to the Chockanathan Kulam Kanmai on the Survey Numbers 188/8, 214/1 and 214/2 in (Modagam) M.Subbulapuram Village, Peraiyur Taluk, Madurai District by considering the petitioner's representation dated 13.8.2011 within a period stipulated by this Court. For petitioner : Mr.A.Haja Mohideen For respondents 1 to 3 : Mr.K.Mahendran, Special Government Pleader ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J) Mr. K.Mahendran, learned Special Government Pleader takes notice for the respondents 1 to 3. 2.This Writ Petition has been filed by the petitioner as a Public Interest Litigation for a direction to the third respondent to ensure free access of Cart Track to the public by removing the obstruction in the Cart Track made by the respondents 4 and 6 running from Madurai Rajapalayam Main Road – Thaadhankulam Road to the Chockanathan Kulam Kanmai on the Survey Numbers 188/8, 214/1 and 214/2 in (Modagam) https://hcservices.ecourts.gov.in/hcservices/ 2 M.Subbulapuram Village, Peraiyur Taluk, Madurai District by considering the petitioner's representation dated 13.8.2011. 3.According to the petitioner, he is a resident of Thathankulam Village, M.Subbulapuram Post, Peraiyur Taluk, Madurai District. It is stated in the affidavit that the farmers in village use the Cart Track for a long time, which is situated in the land in Survey Numbers 188/8, 189/1, 208/1, 214/1 and 14/2 which runs from Madurai Rajapalayam Main Road – Thathankulam Road to the Chockanathan Kulam. The Cart Path was used for the purpose of transporting the manure, seeds, agricultural inputs, mud etc., through their Carts and other modes of transport. Apart from that, the villagers use to come to Gopalsamy Hill Temple by using this pathway. Therefore, the petitioner made a representation to the third respondent with a copy to the first and second respondents on 13.8.2011 in that regard. Since there was no proper response, he has filed the present Writ Petition seeking for a direction to the respondents consider the representation and pass orders in accordance with law. 4.Without going into the merits of the allegation made by the petitioner, we direct the respondents 1 to 3 to consider the representation of the petitioner dated 13.8.2011 and dispose of the same in accordance with law, as expeditiously as possible, preferably, within a period of 12 weeks from the date of receipt of copy of this order, after giving opportunity to the parties including the respondents 4 to 6. 5.With the above direction, the Writ Petition is disposed of. No costs. Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar To: 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Peraiyur Taluk, Madurai District. 3.The President, Mothagam (M.Subbalapuram) Panchayat, Peraiyur Taluk, Madurai District. +1CC to The Special Government Pleader. SR.No.32901. (asvm) W.P.(MD)No.10718 of 2011 RP/18.10.2011/2P/5C. 21.9.2011 https://hcservices.ecourts.gov.in/hcservices/