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Madras High CourtWP/18452/2009dismissed

M. Krishna Parayanar v. The Secretary To The Govt.,

2019-04-09Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.18452 of 2009 M.Krishna Parayanar ..

Petitioner -vs1. The Secretary to the Government Rural Development and Rural Administration Government of Tamil Nadu St.George Fort Chennai 600 009

2. The District Collector Kanchipuram Kanchipuram District

3. The Principal Educational Officer Kanchipuram Kanchipuram District

4. The Assistant Director of Panchayat Union Kanchipuram Kanchipuram District

5. The District Educational Officer Elementary Schools Kanchipuram Kanchipuram District

6. The District Primary Educational Officer Kanchipuram Kanchipuram District

7. The Block Development Officer cum Commissioner Sithamoor Panchayat Union Sithamoor Village, Cheyyur Taluk Kanchipuram District

8. The Block Development Officer cum Commissioner Maduranthakkam Panchayat Union Maduranthakkam, Cheyyur Taluk Kanchipuram District ..

Respondents

Prayer:Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the entire records pertaining to the Na.Ka.No.3203/2008/A2 dated 16.04.2009 made by the seventh respondent herein and quash the same.

For Petitioner :: Mr.Dalit Tiger C.Ponnusamy For Respondents :: Mr.K.Karthikeyan Government Advocate

ORDER

This writ petition is directed against the impugned order dated 16.4.2009 issued by the Block Development Officer cum Commissioner, Sithamoor Panchayat Union, Cheyyur Taluk, Kanchipuram District, declining the request of the petitioner to change the land classified as "school poramboke" belonging to the Sithamoor Panchayat Union Elementary School, citing a reason that when the Sithamoor Panchayat Union Elementary School has been functioning for the past 45 years and the buildings have been constructed by the Sithamoor Panchayat Union and the lands have been allotted for the school for future expansion, it is not feasible to concede the request of the petitioner. The learned counsel for the petitioner stated that when the school is in possession of the land not allotted to it, the respondents should be directed to consider his request.

2. But this Court is unable to find any justification whatsoever for the petitioner to come to this Court challenging the impugned order passed by the seventh respondent. The reason is that when the school in question has been functioning for the past 45 years, even if the school is in possession of the land not allotted to it, as alleged by the petitioner, the petitioner has no locus to question the same, as he is not the owner of the land. Therefore, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar ss

To

1. The Secretary to Government Rural Development and Rural Administration Government of Tamil Nadu St.George Fort Chennai 600 009

2. The District Collector Kanchipuram Kanchipuram District

3. The Principal Educational Officer Kanchipuram Kanchipuram District

4. The Assistant Director of Panchayat Union Kanchipuram Kanchipuram District

5. The District Educational Officer Elementary Schools Kanchipuram Kanchipuram District

6. The District Primary Educational Officer Kanchipuram Kanchipuram District

7. The Block Development Officer cum Commissioner Sithamoor Panchayat Union Sithamoor Village, Cheyyur Taluk Kanchipuram District

8. The Block Development Officer cum Commissioner Maduranthakkam Panchayat Union Maduranthakkam, Cheyyur Taluk Kanchipuram District +1cc to the Government Pleader, S.R.No. 35315 W.P.No.18452 of 2009 SSV(CO) GN(30/05/2019)