Sivalingam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Sivalingam ... Petitioner vs.
1. The District Collector, Office of the District Collector, Sivagangai District.
2. The Tahsildar, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.
3. The Block Development Officer, Thiruppuvanam Panchayat Union, Thiruppuvanam, Sivagangai District.
4. The President of Village Panchayat, Kaliyanthur - Nainarpettai Panchayat Board, Thiruppuvanam, Sivagangai District.
... Respondents (R4 is impleaded vide Court Order dated 13/11/24 in WMP(MD)No. 22818/2024 in W.P(MD)No.144/2024) Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 Page No.1 of 4
and 3 herein to forthwith implement the Resolutions passed by the Panchayat Board of Kaliyandur - Nainarpettai on 01.05.2021 and 02.10.2022 within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.V.Malaiyendran For Respondents 1 to 3 : Mr.P.Thilakkumar Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The prayer in the writ petition is for a direction to the respondents to implement the resolutions passed by the Panchayat Board of Kaliyandur - Nainarpettai, seeking for laying road in Survey No.28/2. 2.
The 3rd respondent / The Block Development Officer, Thiruppuvanam Panchayat Union, has filed a counter affidavit, dated 18.12.2024, wherein, it is stated that the lands measuring 0.32.50 hectares comprised in Survey No.28/2, has been earmarked for construction of a school building, for Kaliyandur Government High School and that the enter upon permission has already been accorded by the District Collector, Sivagangai, for the purpose of construction of the school building, vide Roc.No.C4/59/2018, dated 29.07.2024.
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3.
When the said land has been earmarked for the purpose of construction of a school building, the petitioner will have no right to seek for laying of road therein, to access his house. Thus, the prayer in this writ petition does not deserve consideration.
4.
Accordingly, the Writ Petition stands dismissed. No costs. (M.S.R, J.) (A.D.M.C, J.) Index : Yes / No 18.12.2024 : Yes / No bala To
1. The District Collector, Office of the District Collector, Sivagangai District.
2. The Tahsildar, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.
3. The Block Development Officer, Thiruppuvanam Panchayat Union, Thiruppuvanam, Sivagangai District.
4. The President of Village Panchayat, Kaliyanthur - Nainarpettai Panchayat Board, Thiruppuvanam, Sivagangai District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 18.12.2024 Page No.4 of 4