Pokuvarathu Nagar Kudiyirupor v. The Director Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.2666 of 2025 Pokuvarathu Nagar Kudiyirupor Nallan Mattrum Padhugappu Sangam, Rep by its Secretary, K.Kannan.

... Petitioner vs.

1.The Director of Municipal Administration, O/o. The Director of Municipal Administration, Chennai 28.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Director (Panchayats), Office of the Assistant Director of Rural Development, Virudhunagar Town & District.

4.The Tahsildar, Taluk Office, Watrap Taluk, 1/6

5.The Block Development Officer (Village Panchayat), Watrap Panchayat Union, Watrap Taluk, 6.The Kunnur Panchayat, Rep by its President, Kunnur, Watrap Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent Nos.1 to 6 to survey the lands earmarked as Open Space Reserve in S.No.893/7 Sub Divided as 893/10,893/2A5 in Sapthagiri Nagar, Kunnur Village, Watrap Oanchayat Union of Watrap Taluk, Virudhunagar District and consequently direct the respondent No.6 to develop the same as Children Park, School, Community Hall etc within the time frame stipulated by this Court. For Petitioner : Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates For Respondents : Mr.P.Thilak Kumar Government Pleader 2/6

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both sides, the Writ Petition itself is taken up for final disposal at the stage of admission itself.

2.Even though a larger relief has been sought for by the petitioner to direct the respondent Nos.1 to 6 to survey the lands earmarked as Open Space Reserve in S.No.893/7 Sub Divided as 893/10,893/2A5 in Sapthagiri Nagar, Kunnur Village, Watrap Oanchayat Union of Watrap Taluk, Virudhunagar District and consequently direct the respondent No.6 to develop the same as Children Park, School, Community Hall etc, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents to consider the representation of the petitioner dated 10.01.2025 and to pass appropriate orders, in accordance with law within a time frame. 3.The learned Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered on merits. 3/6

4.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents, without expressing any opinion with regard to the merits of the claim made by the petitioner, there shall be a direction to the official respondents to consider the representation submitted by the petitioner dated 10.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as other persons, who may be affected with the final decision to be taken on the said representation, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [L.V.G.,J.] 10.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Director of Municipal Administration, O/o. The Director of Municipal Administration, Chennai 28.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Director (Panchayats), Office of the Assistant Director of Rural Development, Virudhunagar Town & District.

4.The Tahsildar, Taluk Office, Watrap Taluk, 5.The Block Development Officer (Village Panchayat), Watrap Panchayat Union, Watrap Taluk, 6.The President, Kunnur Panchayat, Kunnur, Watrap Taluk, 5/6

J.NISHA BANU , J.

and L.VICTORIA GOWRI, J.

ps ORDER MADE IN DATED : 10.02.2025 6/6