P.Surya v. The Secretary To Government Of Tamil Nadu
2024:MHC:1341
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No. 7419 of 2024 P.Surya .. Petitioner 1.The Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Public Libraries, Directorate Public Libraries, 731/1, Anna Salai, Chennai - 600 002.
3.The District Collector, The Office of the District Collector, Jayankondam Road, Ariyalur - 621 704.
4.The District Library Officer, Local Library Authority, District Library Office, Market Street, Ariyalur - 621 704.
5.The Tahsildar, Udaiyarpalayam Taluk, Jayankondam, Ariyalur District - 621 802.
.. Respondents 1/5
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 29.02.2024 and to pass order on his representation in accordance with law and consequently, directing the respondents to relocate the proposed construction of new library building to any other suitable site.
For Petitioner :
Mr.M.Ganesh For Respondents :
Ms.Mythreye Chandru (for R1, R2 & R4) Special Government Pleader Mr.G.Nanmaran (for R3, R5) Special Government Pleader
O R D E R
The petitioner claims to be the owner of land in S.No.344/1B2 in Jayankondacholapuram Revenue Village, Udaiyarpalayam Taluk, Ariyalur District in Patta No.10035 (property/property in question). The property in question is stated to be situated in the State Highways TrichyChidambaram. 2.The petitioner is aggrieved with the proposal to construct a library in between the land in question and the Trichy-Chidambaram State Highway, as, according to him, if the library were constructed on 2/5
that site, the access to the land in question would be totally blocked. He has sent a representation on 29.02.2024 to all the respondents requesting them to stop the proposal, in spite of which, he claims that the construction continues.
3.Ms.Mythreye Chandru, learned Special Government Pleader accepts notice for R1, R2 and R4 and Mr.G.Nanmaran, learned Special Government Pleader accepts notice for R3 and R5, and they accede to the receipt of the petitioner's representation by the authorities. They would also assure this Court as well as the petitioner that the same would be considered and disposed in line with the principles of natural justice. 4.Mr.Nanmaran circulates written instructions as well as a map to indicate their stand that the objections of the petitioner are wholly unwarranted as there is a sufficiently wide path that is available for access to the petitioner's property. In any event, these are facts to be assimilated by the authorities.
5.Hence, mandamus is issued to R3 to obtain inputs from R5, hear the petitioner, consider and dispose representation dated 29.02.2024, in accordance with law, within a period of three (3) weeks from the date of receipt of a copy of this order.
6.This writ petition is disposed. No costs. Connected miscellaneous 3/5
petition is closed.
14.03.2024 Index:Yes/No Speaking Order To 1.The Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Public Libraries, Directorate Public Libraries, 731/1, Anna Salai, Chennai - 600 002.
3.The District Collector, The Office of the District Collector, Jayankondam Road, Ariyalur - 621 704.
4.The District Library Officer, Local Library Authority, District Library Office, Market Street, Ariyalur - 621 704.
5.The Tahsildar, Udaiyarpalayam Taluk, Jayankondam, Ariyalur District - 621 802.
4/5
DR. ANITA SUMANTH,J.
W.P.No.6677 of 2024 and W.M.P.No. 7419 of 2024 14.03.2024 5/5