Rajasankar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Rajasankar ... Petitioner vs.

1.The District Collector, O/o.District Collector Office, Karur, Karur District.

2.The Executive Officer, Krishnarayapuram Town Panchayat, Karur Taluk, Karur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to demolish and reconstructed the public toilet in the same place at Ward No.2, Mariamman Kovil Street, Krishnarayapuram Town Panchayat, Karur District within the time stipulated by this Court.

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For Petitioner : Mr.M.Vijayanand For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the second respondent to demolish and reconstruct the public toilet in the same location at Ward No.2, Mariamman Kovil Street, Krishnarayapuram Town Panchayat, Karur District.

2.The existing public toilet is situated in S.No.77/1, which belongs to Arulmighu Mariamman Kovil. On 23.06.2023, the Hereditary Trustee of Krishnarayapuram Arulmighu Mariamman Temple issued a notice of encroachment regarding land belonging to the Temple, in which the Executive Officer has been arrayed as 21st encroacher, since the public toilet was constructed therein.

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3.The learned Government Pleader for the respondents, relying on the counter-affidavit filed by the Executive Officer, Krishnarayapuram Town Panchayat, would submit that the Panchayat has identified Government Tharisu land suitable for construction of a public toilet. Para 4 of the counter-affidavit states that the Vice Chairman of the Krishnarayapuram Town Panchayat had forwarded a letter dated 07.07.2022 along with a requisition letter of 34 persons seeking construction of the public toilet in S.No.77/8B wherein 0.01.5 ares of Government Tharisu land is available.

4.The learned counsel for the petitioner would submit that the Temple is ready and willing to lease the land in Survey No.77/1 for the construction of public toilets.

5.In view of the above, if there is no objection and the Temple is willing to lease the land for construction of public toilets, then the Executive Officer may complete the formalities and reconstruct the toilet in the same place. In alternate, the Executive Officer shall construct the toilet in the Government Tharisu land in Survey No.77/8B, as stated in the counter-affidavit. In any event, 3/6

the public toilet facility is to be provided which is a basic amenity and a right of the people in that locality. Any delay would cause prejudice to public interest. Therefore, the respondents are directed to ensure that the public toilet is either reconstructed in the same place or newly constructed in the identified alternate site in Government Tharisu land. The toilet must be completed in all respects within a period of three months from the date of receipt of a copy of this order. 6.Accordingly, this Writ Petition stands allowed. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, O/o.District Collector Office, Karur, Karur District.

2.The Executive Officer, Krishnarayapuram Town Panchayat, Karur Taluk, Karur District.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 03.06.2025 6/6