Madras High CourtWP(MD)/5633/2025disposed of

Paulraj v. The District Collector

2025-03-24Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.5633 of 2025 Paulraj ... Petitioner v.

1. The District Collector, Tenkasi District..

2. The Municipal Commissioner, Puliyangudi, Tenkasi District..

3. The Tahsildar, Kadayanallur, Tenkasi District 4.R.Kottur 5.S.Sivaganapandi ... Respondents (respondents 4 and 5 were impleaded as per the order dated 24.03.2025 in WMP(MD) No.5847/2025) PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner representation dated 1/5

24.02.2025 and direct the respondents to construct the modern school in alternative place in accordance with law.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.P.Thilakkumar Government pleader for R1 & R3 Mr.M.Rajarajan for R2 Ms.A.Dharani for R4&R5

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed for a direction to the respondents 1 to 3 to consider the petitioner's representation dated 24.02.2025 and direct the respondents to construct the modern school in alternative place in accordance with law.

2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

3. The petitioner is a resident of Puliyangudi Municipality. In the said Municipality, in Survey No.191, community hall, toilets for women and sewage tank were constructed and put to use. While so, a proposal 2/5

was made to construct a modern school in Ward No.18, which was opposed by the public stating that if a school is constructed, it would cause unsanitary conditions. Hence, the petitioner made a representation to the respondents on 24.02.2025 to construct the school in alternative place. However, the said representation has not been considered so far. Hence, the petitioner is before this Court with this writ petition.

4. Heard the learned counsel for the petitioner, learned counsel for the respondents 2, 4 and 5 and the learned Government Pleader for the respondents 1 and 3.

5. Considering the submissions made by the learned counsel for the petitioner and without adverting into the merits of the matter, the 1st respondent is directed to consider the representation of the petitioner dated 24.02.2025 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing the petitioner and the other persons, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. The writ petition is disposed of with the above direction. No costs.

[J.N.B.,J] [S.S.Y.,J] 24.03.2025 NCC : Yes/No Index : Yes/No RR To

1. The District Collector, Tenkasi District..

2. The Municipal Commissioner, Puliyangudi, Tenkasi District..

3. The Tahsildar, Kadayanallur, Tenkasi District..

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J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WP(MD) No.5633 of 2025 Date : 24/03/2025 5/5