Kanagaraj v. Govt. Of Tamilndu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD)No.2687 of 2021 Kanagaraj ... Petitioner Vs.

1. Government of Tamil Nadu, Rep. by its Secretary, Revenue Department, Secretariat, Chennai.

2. The Director of Animal Husbandry, Thenampettai, Chennai.

3. The District Collector, Tiruchirappalli.

4. The Assistant Director of Animal Husbandry, Pallakarai, Tiruchirappalli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, forebearing the respondents from constructing the Veterinary Centre in the Thiruppanjali South Village S.F.No.96/2 and New S.F.No.365/2 one acre 38 cents temple lands.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mrs.J.Padmavathi Devi, Special Govt. Pleader

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has come forward to file this Public Interest Litigation seeking a Writ of Mandamus, forebearing the respondents from constructing the Veterinary Centre at Thiruppanjali South Village in S.F.No.96/2 and New S.F.No.365/2, to an extent of 1 acre 38 cents.

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2. The grievance of the petitioner is that the aforesaid place is being used for religious purposes. A suit was filed in this regard. There is an alternative land available for the construction of Veterinary Centre.

3. The learned Special Government Pleader appearing for the respondents, has produced instructions to show that the proposed construction is at about 0.08.0 hectare. It has been classified as a Government land and permission has been given to the Animal Husbandry Department to enter the said land and it has been found suitable for the construction of Veterinary Centre.

4. In the matter like this, we are not supposed to go into, unless an element of arbitrariness is involved. However, taking into consideration the representations made by the petitioner, including the last one being on 08.01.2021, we direct the first respondent to look into the same and do the needful within a period of six weeks from the date of receipt of a copy of this order.

5. We make it clear that we have not expressed anything on the merit of the case, namely, the suitability to construct the Veterinary Centre, as it is for the respondents to do the same.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy To

1. The Secretary, Revenue Department, Secretariat, Chennai.

2. The Director of Animal Husbandry, Thenampettai, Chennai.

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3. The District Collector, Tiruchirappalli.

4. The Assistant Director of Animal Husbandry, Pallakarai, Tiruchirappalli.

+1 CC to SPL GP ( SR-7230[F] dated 25/02/2021 ) 23.02.2021 VB (08.03.2021) 3P 6C 3/4