The Block Development Officer v. Palani Mudaliar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Review Application No.113 of 2024 in WP.No.17425 of 2023 and WMP No.20645 of 2024 1.The Block Development Officer Vanur, Villupuram District.

2.The President Vivanatham Panchayat Union Vivanatham Village Kazhuperumpakkam Post Vanur Taluk Villupuram District.

..Applicants/Respondents Vs.

1.Palani Mudaliar 2.Arunachala Mudaliar 3.Sivaprakasa Mudaliar 4.Purushothaman Mudaliar 5.Saravana Ayya Mudaliar 6.Soundararajan Mudaliar 7.Chinnathambu Mudaliar ..Respondents/Writ Petitioners 8.District Collector of Villupuram Villupuram.

9.The Revenue Divisional Officer Villupuram.

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10.The Divisional Education Officer O/o.The Divisional Educaton Officer Vanur Village, Villupuram District.

11.The Tahsildar Valur Taluk Vanur, Villupuram.

12.P.Sridhar alias Chandrasekar .. Respondents PRAYER: Review Petition has been filed under Order 47 Rule 1 r/w Section 114 of CPC, to review the order dated 13.06.2023 in W.P.No.17425 of 2023. For Petitioner : Mr. U.Baranidharan For Respondents: Mr.T.Dhanasekaran for R1 to R7 Mrs.S.Mythreye Chandru Special Government Pleader for R10 Mr.P.Sathish Additional Government Pleader for R8, R9 and R11

O R D E R

This review application has been filed to review the order passed in WP.No.17425 of 2023 dated 13.06.2023.

2.Heard Mr. U.Baranidharan, learned counsel for the petitioners, Mr.T.Dhanasekaran, learned counsel for R1 to R7, Mrs.S.Mythreye Chandru, 2/6

learned Special Government Pleader for R10 and Mr.P.Sathish, learned Additional Government Pleader for R8, R9 and R11. 3.The order was passed in the writ petition only based on the written instructions received to the effect that the school building is not being constructed in the subject property in Survey Nos.256/2 and 228/1. For proper appreciation, the relevant portion is extracted hereunder:

4. Learned Additional Government Pleader appearing on behalf of respondents 5 and 6 produced the written instructions received from the fifth respondent. It is specifically stated in the written instructions that the school building is going to be constructed only in the place where the old building was in existence since the old building has become dilapidated and it is almost 70 years since that building was constructed. It is also specifically stated that there is no proposal to construct any building in Survey No.228/1.

5. Learned Special Government Pleader appearing for respondents 1 to 4 also produced the certificate given by the Village Administrative Officer in which it has been stated that the school was constructed in Survey No.256/2 with an extent of 600 sq.mtrs. and the said school building has become dilapidated and hence, steps were taken to demolish the building and construct a new building in the same place in which earlier school building was situated.

6. It is apparent from the written instructions received from the respondents that the apprehension raised by the petitioners is unfounded and the grievance addressed by the 3/6

petitioners has been sufficiently answered by the respondents. The petitioners cannot have any objection if the school building is constructed in the same place where the old school building was in existence.

2.The review application has been filed on the ground that in both the survey numbers, the school building is already in existence and that due to oversight, wrong instructions were given to the learned Special Government Pleader. To substantiate the same, certain documents were also relied upon. In the light of the above stand taken by the review petitioners, this Court has to necessarily deal with the writ petition on merits. 3.In the light of the above discussion, this review application stands allowed and W.P.No.17425 of 203, stands restored. No costs. WMP No.20645 of 2024, stands closed.

07.03.2025 1/3 kp Index : Yes / No Internet : Yes / No : Yes / No 4/6

To 1.District Collector of Villupuram Villupuram.

2.The Revenue Divisional Officer Villupuram.

3.The Divisional Education Officer O/o.The Divisional Educaton Officer Vanur Village, Villupuram District.

4.The Tahsildar Valur Taluk Vanur, Villupuram.

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N.ANAND VENKATESH, J.

kp Review Application No.113 of 2024 in WP.No.17425 of 2023 and WMP No.20645 of 2024 07.03.2025 1/3 6/6