Madras High CourtWP/4907/2023disposed of

A.Meshak v. The District Collector

2024-08-29Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI A.Meshak .. Petitioner Vs

1. The District Collector Vellore District, Vellore.

2. The District Revenue Officer, Vellore District, Vellore.

3. The Revenue Divisional Officer, Gudiyattam, Vellore District.

4. The Tahsildar, Gudiyattam Taluk, Vellore District.

5. The Block development Officer, Gudiyattam Block, Vellore District.

6. The Panchayat President, Paradarami Village Panchayat, Gudiyattam Taluk, Vellore District.

7. Soundhari

8. Gomathi

9. Kumudha 10.Selvi 11.Karpagam

12.Nagammal 13.Kanthammal 14.Kalaivani 15.Anima 16.Janaki 17.Sujatha 18.Anitha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to implement the order of the 5th Respondent herein in his proceedings namely Na.ka. AA2/3034/2019 dated 6.12.2019 and complete the construction of playground in the land comprised in S.No.101/1A admeasuring to an extent of 1.2 Acres situated at Indira Nagar, Paradarami Village, Gudiyattam Taluk, Vellore District based on the representation of petitioner dated 10.11.2020. For the Petitioner : Mr.G.Vinodhkumar For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 6 : Mr.S.Raja Ravi Varma for 18th respondent : No appearance for respondents 7 to 17

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 5 to implement the

order of the fifth respondent dated 26.12.2019 and to complete the construction of a playground in the land comprised in Survey No.101/1A admeasuring an extent of 1.2 acres situated at Indira Nagar, Paradarami Village, Gudiyattam Taluk, Vellore District based on the representation of the petitioner dated 10.11.2020.

2. Today, when the writ petition is taken up for hearing, learned State Government Pleader, on instructions, submitted that the land in question has already been acquired for the purpose of providing free house site pattas to the landless poor and, in fact, pattas have been granted to the beneficiaries way back in 2018. While so, contrary to the said Scheme, the fifth respondent-Block Development Officer has issued an order dated 26.12.2019 converting the land in question as a playground to form Volley Ball Court, Kabadi Court and Ball Badminton Court under Mahatma Gandhi National Rural Employment Guarantee Scheme.

3. Since the land in question has already been acquired for providing free house site pattas have already been granted to the

beneficiaries and now the beneficiaries are in possession of the same, the direction as prayed for by the petitioner cannot be issued. However, we make it clear that the District Collector, Vellore, shall identify an alternative land for forming a Sports Centre for youngsters in the village. For the said purpose, we direct either the petitioner or the fifth respondent-Block Development Officer to submit a representation to the District Collector. Upon receipt of such representation, the District Collector is directed to consider the same and pass orders within a period of twelve weeks thereafter.

4. With the above observation, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.4922 of 2023 is closed.

(D.K.K., ACJ.) (P.B.B, J.) 29.08.2024 Index :

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