Sivakumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2022
CORAM:
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) Nos.627 and 3202 of 2020 Sivakumar .. Petitioner Vs 1.The District Collector, Virudhunagar, 2.The Inspector General of Registration, Santhome High Road, Chennai.
3.The District Registrar (Societies), Virudhunagar, 4.The Deputy Director, Town and Country Planning, No.4, Hakim Ajmal Khan Road, Chinnachokkikulam, Madurai District.
5.The Chief Educational Officer, Virudhunagar,
6.The District Educational Officer, Kovilangulam Village, Aruppukottai Taluk, 7.The Municipal Commissioner, Aruppukottai Municipality, Aruppukottai, 8.The Aruppukottai Nadargal Uravinmurai Poduabiviruthi Trust, rep. by its Secretary Rajamanikam, No.42, Big Bazaar Street, Aruppukottai, 9.The Head Master, S.B.K.Girls Higher Secondary School, Aruppukottai, .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents 1 to 7 from allowing the 8th respondent to altering the playground of the 9th respondent school in T.S.No.46, Ward No.D, Block 1 of Aruppukottai Town, Virudhunagar District in any manner. For Petitioner :
No appearance For Respondents :
Mr.D.Sadiq Raja Additional Government Pleader for R1 to R6 Mr.N.Dilip Kumar, Standing Counsel for R7 Mr.S.Parthasarathy for R8 Mr.A.V.Arun for R9
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) None appears for the petitioner. Mr.D.Sadiq Raja, learned Additional Government Pleader appears for respondents 1 to 6, Mr.N.Dilip Kumar, learned standing counsel appears for seventh respondent, Mr.S.Parthasarathy, learned counsel appears for eighth respondent and Mr.A.V.Arun, learned counsel appears for ninth respondent.
2. The writ petition was filed to seek a direction to the respondents 1 to 7, not to allow the eighth respondent to alter the playground of ninth respondent in T.S.No.46, Ward No.D, Block 1 of Aruppukottai Town, Virudhunagar District.
3. Learned counsel appearing for the ninth respondent submits that the playground of the girls school exists in Survey No.222/2. The aforesaid playground was established in the year 1970 and is being maintained properly.
4. In view of the above, the writ petition was filed on misconception of facts and therefore only, none is appearing to press the petition filed in the year 2020.
5. Taking into consideration the facts narrated by the learned counsel appearing for the ninth respondent and otherwise we find that the writ petition filed to restrain the private respondent is not amenable to writ jurisdiction and otherwise the playground has been recognised by the sixth respondent. As such, we find no reason to keep the writ petition pending further more and is ordered to be closed and accordingly, the same is dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed. (M.N.B., CJ.) (S.A.I., J.) 27.07.2022 Index :Yes/No pm-sj
To 1.The District Collector, Virudhunagar, 2.The Inspector General of Registration, Santhome High Road, Chennai.
3.The District Registrar (Societies), Virudhunagar, 4.The Deputy Director, Town and Country Planning, No.4, Hakim Ajmal Khan Road, Chinnachokkikulam, Madurai District.
5.The Chief Educational Officer, Virudhunagar, 6.The District Educational Officer, Kovilangulam Village, Aruppukottai Taluk,
M.N.BHANDARI, CJ.
and S.ANANTHI, J.
pm/sj 27.07.2022