Bharathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.3079 of 2025 Bharathan ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Regional Manager, Tamil Nadu Civil Supply Corporation, Sivagangai District, Sivagangai.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

4.The Block Development Officer, O/o.Block Development Office, Muthuvanthidal Village Panchayat, Thiruppuvanam Union, Sivagangai District.

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5.Kannan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 and 5 to shift the direct purchase centre from the place of Muthuvanthidai Panchayat Middle School Play ground in S.No.443/1, 2 and 3 in Melachorikkulam Village, Thiruppuvanam Taluk, Sivagangai District to some other place based on the petitioner's representation dated 10.02.2025. For Petitioner : Mr.M.Jeyaram Sidharth For RR 1, 3 & 4 : Mr.P.Thilak Kumar Government Pleader For R - 2 : Mr.G.Mohan Kumar Standing Counsel For R - 5 : Mr.S.Poornachandran : Mr.M.Arikaran Advocate Commissioner

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The above Writ Petition has been filed to direct the respondents 2 and 5 to shift the direct purchase centre from the place of Muthuvanthidai Panchayat Middle School Play ground in S.No.443/1, 2 and 3 in 2/6

Melachorikkulam Village, Thiruppuvanam Taluk, Sivagangai District, to some other place.

2.Heard Mr.N.Jeyaram Sidharth, learned counsel appearing for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1, 3 and 4, Mr.G.Mohan Kumar, learned standing counsel appearing for the second respondent, Mr.S.Poornachandran, learned counsel appearing for the fifth respondent and Mr.M.Arikaran, learned counsel, who was appointed as an Advocate Commissioner and perused the materials placed before this Court. 3.By considering the petitioner's representation, this Court, by an order dated 19.02.2025, appointed an Advocate Commissioner and directed him to make a spot inspection and to record the ground reality of the place in question and to file a report.

4.Pursuant to the same, the Advocate Commissioner has filed a report and the first respondent/the District Collector, Sivagangai, has also filed a status report.

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5.On perusing the same, it is seen that as per revenue records, Survey No.443/1 is allotted to the School. As far as Survey Nos.443/2, 3, 4, 6, 7 and 8 are concerned, it is a Natham land and it also stated that Natham land has been utilized for children as a playground also. In Survey Nos.443/7 and 443/8, the procurement process is being carried out. This has been objected to by the petitioner. This Court is not inclined to pass any positive order. The first respondent/the District Collector, Sivagangai District, is directed to consider whether that portion can be allotted to the School for the playground exclusively. 6.In view of the above facts and circumstances of the case, the petitioner shall give a fresh representation to the first respondent/the District Collector, Sivagangai District, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of twelve (12) weeks thereafter. 4/6

7.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 26.03.2025 NCC : Yes / No Index : Yes / No ps To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Regional Manager, Tamil Nadu Civil Supply Corporation, Sivagangai District, Sivagangai.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

4.The Block Development Officer, O/o.Block Development Office, Muthuvanthidal Village Panchayat, Thiruppuvanam Union, Sivagangai District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 26.03.2025 6/6