A.Panneer Selvam v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.05.2023
CORAM
THE HON'BLE MR.JUSTICE B.PUGALENDHI AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN A.Panneer Selvam ...
Petitioner versus 1.State of Tamil Nadu Rep. by District Collector Mayiladuthurai District 2.The Block Development Officer, Kollidam Panchayat Union, Kollidam, Mayiladuthurai District.
3.The Tahsildar, Sirkazhi Taluk, Mayiladuthurai District.
4.The President, Thandavankulam Panchayat, Sirkazhi Taluk, Mayiladuthurai District-609 101.
5.The President, Pudupattinam Panchayat, Sirkazhi Taluk, Mayiladuthurai District-609 101.
...
Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 and 2 to construct a small bridge across the Ellai Sandhu Channel near Vadapathrakali Amman Temple Street in Thandavankulam Village at South Street and Kaliamman Koil Street in Pudupattinam Village consequently restraining the second respondent from constructing a small bridge across Ellai Snadhu Irrigation Channel connecting S.No.283/5 in Pudupattinam Village, Sirkazhi Taluk, Mayiladuthurai District.
Appearances:
Mr.S.Baskaran, for the petitioner Mrs.R. Anitha, Special Government Pleader, for the respondents
ORDER
(Made by V. LAKSHMINARAYANAN, J.) The petitioner seeks for a direction to respondents 1 and 2 not to proceed with the construction of bridge between Vadapathra Kaliamman Koil Street in Thandavankulam Village and Pudupattinam Santhi Street, Kaliamman Koil Street, in Pudupattinam Village, which will not be beneficial to the general public but will only serve private interest.
2. According to the petitioner, the public of Pudupattinam Village, Sirkazhi Taluk, Mayiladuthurai District, have been demanding construction of a bridge between the places mentioned above. However, public funds have been utilized for the purpose of connecting a private land situate in S.No.283/5 and a place of religious worship. According to the petitioner, the general public will not be benefited from such a construction and only the members visiting the religious place alone will be benefited. According to the petitioner, which is endorsed by Mrs.Anitha, learned Special Government Pleader, who takes notice on behalf of the State respondents, a peace committee meeting was called for and in the said meeting, it was decided not to proceed with the construction.
3. Considering the above submissions, we direct the District Collector, Mayiladuthurai District, to consider and pass orders on the representation of the President of the Pudupattinam Panchayat, as well as the President of the Grama Sabha, and after hearing all those who would be affected by the said construction. If the District Collector comes to the conclusion that public funds have been misused for the purpose of serving private ends, he shall take appropriate action in
accordance with law. Till the disposal of the representation by the District Collector, all the parties are directed to maintain status quo.
4. The writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.15710 of 2023 is closed. (B.P., J.) (V.L.N., J.) 25.05.2023 Index : Yes/No : Yes/No tar
To 1.The District Collector, Mayiladuthurai District 2.The Block Development Officer, Kollidam Panchayat Union, Kollidam, Mayiladuthurai District.
3.The Tahsildar, Sirkazhi Taluk, Mayiladuthurai District.
4.The President, Thandavankulam Panchayat, Sirkazhi Taluk, Mayiladuthurai District-609 101.
5.The President, Pudupattinam Panchayat, Sirkazhi Taluk, Mayiladuthurai District-609 101.
B.PUGALENDHI, J.
and V. LAKSHMINARAYANAN, J.
(tar) 25.05.2023