K.C.Balakrishnan v. The Principal District Judge,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.9282 of 2015 K.C.Balakrishnan .. Petitioner Vs.
1.The Principal District Judge, Erode.
2.The Sub Registrar, Kodumudi-638 151, Erode District.
3.The Special Officer, Kodumudi Growers Co-operative Credit Society Ltd (A.A.713), No.6/64, Kadai Veedhi, Kodumudi-638 151, Erode District.
4.The Secretary, Revenue Department, State of Tamil Nadu, Secretariat, Chennai-600 009.
.. Respondents (Respondent No.4 impleaded as per the order dt. 5.10.2015) Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari by calling for the records relating to the proceedings of the first respondent dated 7.5.2013 made in D.No.6569/13, quash the same. For Petitioner : Mr.K.Rajseakaran For Respondents : Mr.E.K.Kumaresan for R1 Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugasundar Government Advocate for R2 and R4 Ms.T.P.Savitha for R3
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The affidavit filed by the District Collector, Erode states that various Government Offices are required to be constructed in the proposed Kodumudi Taluk, which has been announced by the Chief Minister of Tami Nadu and thus, the land would be handed over to the Revenue Department for the purposes of being allotted for public purpose.
2. The petitioner-donee, faced with the situation of nonutilisation of the land for Court complex for which it was originally gifted, has filed a Memo setting out his preference of purpose as under:- "a) For the Sub Treasury Office, Kodumudi, which is functioning in a rented building for the past 28 years;
b) For Kodumudi Growers' Co-operative Credit Society Limited for establishing permanent buildings for its office;
c) For Tamil Nadu Electricity Board, Town Branch which is also functioning in a rented premises for the past so many years;
d) For Postal Department of the Indian Government for establishing a permanent building for the Post Office which is also functioning in a rented premises for decades; and e) Since Kodumudi has been declared as a Taluk very recently by the Tamil Nadu Government, for the purpose of establishing permanent buildings for Taluk office."
3. The submission of the learned counsel for the petitioner is that while so utilising the land, the aforesaid preference of the petitioner should be kept in mind, an aspect over which there can be little dispute.
4. The writ petition, thus, stands disposed of in terms aforesaid. No costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar bbr
To 1.The Principal District Judge, Erode.
2.The Sub Registrar, Kodumudi-638 151, Erode District.
3.The Secretary, Revenue Department, State of Tamil Nadu, Secretariat, Chennai-600 009.
1 cc to Mr.T.P. Savitha, Advocate, Sr. 68093 1 cc to Mr.K. Rajasekaran, Advocate, Sr. 68048 1 cc to Government Pleader, Sr. 67742 1 cc to Mr.E.K. Kumaresan, Advocate, Sr. 67730 W.P.No.9282 of 2015 SVI (CO) kk 28/12