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Madras High CourtWP/20769/2015disposed of

Kannan v. The District Collector,

2015-11-20Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.20769 of 2015 1.Kannan 2.Janson 3.Rani 4.Raheem 5.Rajendran .. Petitioners Vs.

1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Uthukkottai Taluk, Uthukkottai, 3.The Block Development Officer, Uthukkottai Taluk, Uthukkottai, 4.The Executive Officer, Town Panchayat, Uthukkottai, 5.The President, Uthukkottai Taluk, Uthukkottai, 6.The Head Master, Panchayat Union Primary School, Uthukkottai, Uthukkottai Taluk, .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the

respondents 4 and 5 from carrying on any construction activities in the lands in Survey No.440/2B to the extent of hectare 0.12.0 ares acre 0.30 cents in Uthukottai village, Uthukkottai Taluk, For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.STS.Moorthy Government Pleader for R1 to R4 Mr.K.Ramu for R5 Mr.K.Karthikeyan Government Advocate for R6

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have examined the report sent by the Principal District Judge, Full Additional Charge, Tiruvallur. It is only now that there is a clarity about the situation at site.

2. It is agreed that in order to facilitate the school is confined to a composite area, the dilapidated building marked in Purple in the plan would be reconstructed to ensure the requirements which are met by the school at present from the Blue marked area. This would obviate the requirement of the students crossing the State Highway from one side to the other and also give adequate space to the authorities on the northern side, while reserving the southern area to the school. In fact, this can be the process of even modernising the school and restructuring it.

3. Till that happens, the current arrangements would have to be maintained of the school's working from the triangle kind of portion on the southern side and the Blue marked area on the northern side.

4. The writ petition, accordingly, stands disposed of. No costs. The rough plan attached with the report of the Principal District Judge, Tiruvallur shall form part of the order. We are told that a suit has been filed in a representative capacity and practically, nothing would survive in the suit.

Sd/ ASSISTANT REGISTRAR(CS-IV) /TRUE COPY/ SUB-ASSISTANT REGISTRAR bbr

To 1.The Principal District Judge, Thiruvallur.

2.The District Collector, Thiruvallur.

3.The Tahsildar, Uthukkottai Taluk,Thiruvallur District. 4.The Block Development Officer, Uthukkottai. 5.The Executive Officer, Town Panchayat, Uthukkottai, 6.The President, Uthukkottai Taluk, Uthukkottai, Thiruvallur District.

7.The Head Master, Panchayat Union Primary School, Uthukkottai, Uthukkottai Taluk, Thiruvallur District.

+1 CC to MR.K.Ramu Advocate. SR.NO. 63140 +1 CC to MR.M.Gnanasekar Advocate. SR.NO. 63089 +2 CC to Govt.Pleader. SR.NO.63109, 63112 W.P.No.20769 of 2015 CO-CA JD 30/11/2015