K.S.Masthan Mla, v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.S.Masthan MLA .. Petitioner -vs1. The Secretary to Government, Transport Department, Fort St. George, Secretariat, Chennai.
2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram, Villupuram District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to pay Rs.8,07,980/- (Eight lakhs seven thousand and nine eighty rupees only) towards the cost of 0.89.0 hectares of land in S.F.No.109/10A Chithrachur Village, Gingee Taluk and to pay Rs.80/- towards the cost of Sub-Division and also to pay Rs.100/- towards stone expenses, as informed by the District Collector, Villupuram by his proceedings having reference Na.Ka.Aa4/23115/2010 dated 13.09.2017.
For the Petitioner :
Mr.E.P.Senniyangiri For the Respondents :
Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for R-1 :
Mr.M.Ashwin for R-2 * * * * *
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.E.P.Senniyangiri, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for the respondent No.1 and Mr.M.Ashwin, learned counsel for respondent No.2.
2. The petitioner seeks directions against the second respondent to pay Rs.8,07,980/- towards costs of 0.89.0 hectares of land as per the directions of the Collector. It is submitted by the learned counsel for the petitioner that the petitioner is willing to pay the said amount. More than 1,10,000 population are dependents of the nearby town, that is Ananthapuram. Because of non-availability of bus depot in
Ananthapuram town, local buses cannot operate to nearby villages.
3. The learned counsel for respondent No.2 submits that establishment of a bus depot at Ananthapuram town is not necessary. The bus stop is there. The bus depot is already functioning within 15 kms. of Ananthapuram town.
4. In writ jurisdiction, it will not be possible for us to arrive at a conclusion as to the necessity of a bus depot in a particular place. It is for the authorities to consider the same.
5. The petitioner is a Member of Legislative Assembly. It is for the people's representative and the establishment to consider the necessity of the bus depot or otherwise.
With this observation, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 28.06.2023 Index : yes/no
: Yes/No sra THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) To:
1. The Secretary to Government, Transport Department, Fort St. George, Secretariat, Chennai.
2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram, Villupuram District.
28.06.2023