Sri.V.Srinivas, Mahabubnagar District v. Gram Panchayat, Bhuthpur Village, And 4 Others

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.10321 OF 2011 ORDER:

The relief sought for in this Writ Petition is to declare the resolution of the Grampanchayat dated 14.04.2010, resolving to construct toilets in between the petitioner's residence and shopping complex and the neighbours property, and in laying a slab on the irrigation canal without the consent or intimation to the petitioner, as arbitrary and illegal.

Questions as to where a toilet should be established, whether it should be at a particular distance from the petitioner's shop, and from an existing toilet, are all matters for the concerned Grampanchayat to decide. In proceedings under Article 226 of the Constitution of India, it would be wholly inappropriate for this Court to undertake any such exercise of determining the location of a toilet. In any event, while the Writ Petition was admitted on 29.10.2011, no interim order was granted. The toilets must have been established by now. Viewed from any angle, these are not matters that this Court would examine in proceedings under Article 226 of the Constitution of India.

The Writ Petition fails and is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall stand closed. No costs.

________________________________ RAMESH RANGANATHAN, ACJ Date: 05.01.2017.

MRKR