Jayaraj.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and W.M.P.(MD) No.1583 of 2021 (Through Video Conferencing) V.Jayaraj : Petitioner Vs.

1.The District Collector Madurai District, 2.The Tahsildar, Virattipathu Madurai West Taluk 3.The Block Development Officer, Thirupparankundram Panchayat Union, 4.The President Kodimangalam Village Panchayat, Madurai West Taluk : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the 4th respondent herein or their agents or servants from constructing a panchayat building in the open space reserved for park in "Gautham City" situated in Survey No.29/2, 29/3, 29/4, 33/2 and 33/3 at Kodimangalam Village of Madurai West Taluk, Madurai or for converting it for any other purpose and take necessary action against the erring officials.

For Petitioner : Mr.C.Masilamani For Respondents : Mr.R.Murugaraj for R1 to R3 Government Advocate Mr.M.Thilagar for R4 Government Advocate 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The grievance of the petitioner is with respect to the proposed construction in an area earmarked for a public purpose by the respondent No.4.

2.The learned counsel for the respondent No.4 submitted that in the place, in which, the petitioner seeks a prohibitory order, no such activity would be carried on, as the same has been transferred to some other place.

3. It is submitted that pits have been dug up in the said place. If that is so, the said place will have to be created and maintained as park. The appropriate action will be taken in this regard.

4. In view of the above, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Madurai District, 2.The Tahsildar, Virattipathu Madurai West Taluk 2/3

3.The Block Development Officer, Thirupparankundram Panchayat Union, +1 cc to The Special Government Pleader Sr.No.3538 & 3727 Order made in Dated: 04.02.2021 KM (12.02.2021) 3P 5C 3/3