Annadurai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Annadurai ... Petitioner -Vs1. The District Collector, Office Of The District Collectorate, Dharmapuri District.
2. The Revenue Divisional Officer, Office Of The Revenue Divisional Officer, Dharmapuri District.
3. The Thasildhar, Office Of The Thasildhar, Pennagaram Taluk, Dharmapuri District.
4. The Block Development Officer, Office of the Block Development Officer, Eriyur, Pennagaram Taluk, Dharmapuri District.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 4 to demolish the Anganwadi Structure which is in dilapidated condition in the petitioner's family land comprised in Survey No.373/3A situated at Pathaalli Tharappu, Pennagaram Taluk,
Dharmapuri District by the consideration of the petitioner's representation dated 23.04.2024 within the period that may be stipulated by this Hon'ble Court.
For Petitioner : Mr.S.Arivazhagan For R1 to R3 : Mr.S.Arumugam Government Advocate For R4 : Mrs.S.Mythreye Chandru Special Government Pleader
ORDER
This writ petition has been filed for direction directing the respondents 1 and 4 to demolish the Anganwadi Structure which is in dilapidated condition in the petitioner's family land comprised in Survey No.373/3A situated at Pathaalli Tharappu, Pennagaram Taluk, Dharmapuri District by the consideration of the petitioner's representation dated 23.04.2024 within the period that may be stipulated by this Hon'ble Court.
2. Heard and perused the materials available on record.
3. The property comprised in S.No.373/3A ad-measuring 5 cents situated at Pathaali Tharappu belongs to the petitioner's family. While his
father was alive, on his permission, the respondents constructed an Anganwadi building 30 years before and it was functioning in the said building. Now, the respondents had constructed a new Anganwadi Centre in the land owned by them and the erstwhile structure is in dilapidated condition. Therefore, the petitioner submitted representation to demolish the dilapidated structure, so that the petitioner can use the property.
4. On oral instructions, the learned Special Government Pleader appearing for the fourth respondent submitted that admittedly, the petitioner's father permitted the respondents to construct the Anganwadi Centre and it was running for more than 30 years. Now, they have constructed a new building to run the Anganwadi Centre and the existing building is in dilapidated condition.
5. In view of the above submission, the fourth respondent is directed to remove the dilapidated structure in Survey No.373/3A situated at Pathaalli Tharappu, Pennagaram Taluk, Dharmapuri District, within a period of four weeks from the date of receipt of a copy of this order and hand over vacant possession of the subject property in favour of the
petitioner.
6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
10.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To
1. The District Collector, Office Of The District Collectorate, Dharmapuri District.
2. The Revenue Divisional Officer, Office Of The Revenue Divisional Officer, Dharmapuri District.
3. The Thasildhar, Office Of The Thasildhar, Pennagaram Taluk, Dharmapuri District.
4. The Block Development Officer, Office of the Block Development Officer, Eriyur, Pennagaram Taluk, Dharmapuri District.
G.K.ILANTHIRAIYAN. J, mn
10.09.2024