Madras High CourtWP/7627/2010closed

G.Murugesan, v. The District Collector,

2018-07-27Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2018

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P.No. 7627 of 2010 and MP. No. 1 of 2010 G.Murugesan ..Petitioner Vs 1.The District Collector, Sathuvachari, Vellore, 2.The Block Development Offier, Panchayat Union, Natrampalli, 3.The President, Panchayat Office, Chikkanankuppam Village & Post, Vaniyambadi Taluk, 4.The District Educational Officer, Thirupattur, ..Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of mandamus directing the respondents 1 to 3 not to use the school land in Survey No. 153/2 of Chikkanankuppam Village, Vaniyambadi Taluk, Vellore District in contrary to the gift deeds 14.05.2007 in document No.2289/2007 and 11.07.2008 in document No.3858 on the file of the Sub Registrar Office, Vaniyambadi and direct the 4th respondent to take over the possession of the above said property.

For Petitioner : Mr.E.Srinivasan For Respondents: Mr.J.Ramesh, AGP -For R1,R2 &R4 Mr.D.Sreenivasan - For R3

O R D E R

The prayer sought for in the present writ petition is to direct the respondents 1 to 3 not to use the land in Survey No.153/2 of Chikkanankuppam Village, Vaniyambadi Taluk, Vellore District, contrary to the gift deeds dated 14.05.2007 and 11.07.2008 bearing document Nos.2289/2007 and 3858/2008 respectively, on the file of the Sub Registrar Office, Vaniyambadi and for consequential relief.

2. On 15.04.2010, this Court, while admitting the writ petition, granted an order of interim injunction, taking note of the fact that there is a specific clause in the gift deeds executed by the petitioner giving the land in question only for the school purpose.

3. Today, when the matter is taken up for consideration, the learned counsel for the third respondent, on instructions, submitted that pursuant to the order of this Court dated 15.04.2010, the third respondent has not proceeded with the construction.

4. Recording the same, the writ petition stands closed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ak To 1.The District Collector, Sathuvachari, Vellore, 2.The Block Development Offier, Panchayat Union, Natrampalli,

3.The President, Panchayat Office, Chikkanankuppam Village & Post, Vaniyambadi Taluk, 4.The District Educational Officer, Thirupattur, +1cc to Mr.E.Srinivasan, Advocate, S.R.No. 51088 +1cc to the Government Pleader, S.R.No. 51383 W.P.No. 7627 of 2010 and M.P.No.1 of 2010 GN(28/09/2018)