Rajasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.No.34094 of 2022 Rajasekar ... Petitioner Vs.

1.The District Collector Villupuram District 2.The Thasildar Thindivanam Taluk Villupuram District 3.The Block Development Officer Olakur Block Development Office Saram Village Thindivanam Taluk Villupuram District 4.The President Ural Village Thindivanam Taluk Villupuram District ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents to consider the petitioners representation dated 16.11.2022 and further direct the 3rd

respondent to drop the proposal of constructing a "common toilet and latrine" in the village lake in Survey No.88/5, Ural village, Thindivanam Taluk, Villupuram district.

For Petitioner : Mr.S.Silambu Selvan For Respondents : Mr.V.Nanmaran AGP for R1 and 2 Mr.C.Jaya Prakash, Govt.Advocate for R3 and 4

O R D E R

Writ petition is filed seeking to issue a Writ of mandamus directing the respondents to consider the petitioners representation dated 16.11.2022 and further direct the 3rd respondent to drop the proposal of constructing a "common toilet and latrine" in the village lake in Survey No.88/5, Ural village, Thindivanam Taluk, Villupuram district.

2. The case of the petitioner is that the respondents are trying to put a construction in the water body in order to construct a toilet. The contention of the learned counsel for the petitioner is that even the revenue records indicate only water body. Therefore, the authorities are trying to convert the water body into building which is impermissible.

3. Mr.V.Nanmaran, learned Additional Government Pleader takes notice for the respondents 1 and 2 and would submit that this Writ Petition is nothing but abuse of process of law and filed only with political vendetta and authorities are taking care of the fact that no building is constructed in the water body. The toilet is being constructed only for the purpose of the village people.

4. Having regard to the above, this Court also perused the entire materials. Though in the revenue records it is shown as lake the photographs annexed in the petition clearly shows that the construction is not inside the lake. Photographs also indicate that there is no semblance of water body. In such view of the matter, the petitioner as a matter of right cannot stall the project which is for public purpose. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Writ miscellaneous petition is closed.

02.01.2023 kpr Internet:Yes Index:Yes/No

To 1.The District Collector Villupuram District 2.The Thasildar Thindivanam Taluk Villupuram District 3.The Block Development Officer Olakur Block Development Office Saram Village Thindivanam Taluk Villupuram District 4.The President Ural Village Thindivanam Taluk Villupuram District

N. SATHISH KUMAR, J.

kpr & W.M.P.No.34094 of 2022 02.01.2023