Madras High CourtWP/21945/2023disposed of

E.S.Senthilvel v. The Commissioner

2023-09-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU E.S.Senthilvel ..

Petitioner Vs.

1. The Commissioner The Greater Chennai Corporation Rippon Building, No.1131, EVR Periyar Salai Park Town, Chennai 600 003.

2. The Zonal Officer, Zone - IX The Greater Chennai Corporation No.1, Lake Area, 4th Cross Street Nungambakkam, Chennai 600 034.

3. The Directorate of Social Welfare & Women Empowerment Social Welfare and Nutritious Meal Programme Department Government of Tamil Nadu No.1, Jeenis Road, 2nd Floor, Panagal Maligai Saidapet, Chennai 600 015.

4. The Director cum Mission Director Integrated Child Development Services (ICDS) Pammal Nallathambi Street, Periyar Nagar Taramani, Chennai 600 113.

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 and 2 to not to demolish the Anganwadi Centre and not to cut the 18 fully grown trees situated at S.No.204, Vellalar Street, Kodambakkam, Chennai and restore the kids play area and playground adjacent to the premises, thereby putting the vacant land to effective use for conducting sports activities and enabling the respondents 3 and 4 to continue functioning of the Anganwadi Centre, benefiting the 30 children who are depended on the Anganwadi Scheme and in the interest of the public in general.

For the Petitioner : Mr.Praveen S.Kumar For the Respondents : Mr.Arun Babu Standing Counsel for Respondents 1 & 2 Mr.K.Karthik Jegannath Government Advocate for Respondents 3 & 4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Praveen S.Kumar, learned counsel for the petitioner, Mr.Arun Babu, learned Standing Counsel for the respondents 1 and 2 and Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 3 and 4.

2. The prayer is not to demolish the Anganwadi centre.

3. It is submitted by learned Government Advocate that students have already been shifted to the new Anganwadi within the distance of 400 and 600 meters of the original centres.

4. In view of that, the prayer does not survive.

5. Learned counsel for the petitioner submits that in the new centre also, facilities are not provided to the students. In that case, the petitioner may evaluate the amenities and facilities provided and if the same are not proper, then, the petitioner may raise the grievance.

6. With these observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.21296 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 20.09.2023 Index :

Yes/No :

Yes/No

kpl To

1. The Commissioner The Greater Chennai Corporation Rippon Building No.1131, EVR Periyar Salai Park Town, Chennai 600 003.

2. The Zonal Officer, Zone - IX The Greater Chennai Corporation No.1, Lake Area, 4th Cross Street Nungambakkam, Chennai 600 034.

3. The Directorate of Social Welfare & Women Empowerment Social Welfare and Nutritious Meal Programme Department Government of Tamil Nadu No.1, Jeenis Road 2nd Floor, Panagal Maligai Saidapet, Chennai 600 015.

4. The Director cum Mission Director Integrated Child Development Services (ICDS) Pammal Nallathambi Street Periyar Nagar, Taramani Chennai 600 113.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 20.09.2023