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Madras High CourtWP/6830/2024dismissed

S.K.R.Prabhu v. The State Of Tamilnadu

2024-03-14Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.K.R.Prabhu ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government Municipal Administration and Water Supply Department Secretariat, Namakkal Kaviner Maligai Chennai - 600 009.

2. The Director of Municipal Administration No.75, Santhome Highway, MRC Nagar Raja Annamalai Nagar, Chennai - 600 028.

3. The Director of Public Health & Preventive Medicine No.359, Anna Salai, DMS Complex Teynampet, Chennai - 600 006.

4. The Director of Animal Husbandry and Veterinary Services Veterinary Polyclinic Campus Nandanam, Chennai - 600 035.

5. The District Collector Kallakurichi, Kallakurichi District 606 202.

6. The Regional Joint Director of Animal Husbandry Collector Office Campus, Villupuram.

7. The Assistant Director of Animal Husbandry Katcherry Road, Kallakurichi Kallakurichi District - 606 202.

8. The Revenue Divisional Officer Kallakurichi, Kallakurichi District - 606 202.

9. The Commissioner Kallakurichi Municipality, Kallakurichi 606 202.

10. The Tahsildar Kallakurichi Kallakurichi District 606 202.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the 5th respondent impugned order in Na.Ka.AA4/ 16261/ 2023 dated 8.09.2023 quash the same and consequently forbearing the 5th and 9th respondents from undertaking any construction activity at Survey No. 127/5A is an extent of 0.58.0 hectares situated at Kallakurichi Village, Kallakurichi Taluk and district which has been earmarked as Animal Husbandry Department.

For the Petitioner : Mr.P.Rajavel For the Respondents : Mr.C.Kathiravan Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Rajavel, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for the respondents.

2. Learned counsel for the petitioner submits that a part of the land is being given for Urban Primary Health Centre. Earlier, the said land was given for Library. According to the learned counsel for the petitioner, the land ought to have been allotted to the fourth respondent, i.e., the Animal Husbandry and Veterinary Services. Consent of the fourth respondent is not obtained.

3. We do not find any public cause in the present petition. Primary Health Centre is for the benefit of the public at large and only a part of the land is allotted to the Primary Health Centre.

4. No cause exists, much less a public cause. The writ petition, accordingly, stands dismissed. There shall be no order as to costs. Consequently, W.M.P.Nos.7622 and 7624 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.) 14.03.2024 Index :

Yes/No :

Yes/No drm To

1. The Secretary to Government The State of Tamil Nadu Municipal Administration and Water Supply Department Secretariat, Namakkal Kaviner Maligai Chennai - 600 009.

2. The Director of Municipal Administration No.75, Santhome Highway, MRC Nagar Raja Annamalai Nagar, Chennai - 600 028.

3. The Director of Public Health & Preventive Medicine No.359, Anna Salai, DMS Complex Teynampet, Chennai - 600 006.

4. The Director of Animal Husbandry and Veterinary Services Veterinary Polyclinic Campus Nandanam, Chennai - 600 035.

5. The District Collector Kallakurichi, Kallakurichi District 606 202.

6. The Regional Joint Director of Animal Husbandry Collector Office Campus, Villupuram.

7. The Assistant Director of Animal Husbandry Katcherry Road, Kallakurichi Kallakurichi District - 606 202.

8. The Revenue Divisional Officer Kallakurichi, Kallakurichi District - 606 202.

9. The Commissioner Kallakurichi Municipality, Kallakurichi 606 202.

10. The Tahsildar Kallakurichi Kallakurichi District 606 202.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 14.03.2024