S. Lingaraj v. District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.7030, 7033 & 7034 of 2025 S.Lingaraj
...Petitioner
-Vs1.The District Collector, Thoothukudi District, Thoothukudi-628 101.
2.The Assistant Director-Town Panchayat, Tirunelveli Region, NGO B Colony, Tirunelveli-627 007.
3.The Revenue Divisional Officer, Tiruchendur Revenue Division, Tiruchendur-628 215.
4.The Tashidar, Tiruchendur Taluk, Tiruchendur-628 215.
5.The Executive Officer, Arumuganeri Town Panchayat, Arumuganeri-628 202.
6.L.Easwari
...Respondents
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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in respect of the impugned order of fifth respondent in resolution No.29, dated 16.02.2024 and quash the same as illegal, arbitrary, against public Welfare, contrary to the Statutory provisions and consequently direct the respondents 4 and 5 to remove all the constructions made by the 6th respondent in the land of the fifth respondent in Survey No.581/1B2B, Kandasamypuram Village, Tiruchendur Taluk, Thoothukudi District.
For Petitioner : Mr.B.Ramkumar Adityan For R1 to R5 : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) Heard the learned counsel for the petitioner, learned Government Pleader for the respondents 1 to 5. Considering the nature of the order proposed to be passed in this writ petition, notice to the sixth respondent is dispensed with. 2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.
3.This writ petition is styled as public interest litigation. The contention of the petitioner is that the subject property belongs to the sixth respondent. She 2/5
gifted the same in favour of the Government for providing basic amenities to the public. Thereafter, the sixth respondent obtained permission from the fifth respondent to construct a shop and residential lodge in that place. The fifth respondent Council has also passed a resolution granting permission to the sixth respondent. Challenging the same, the petitioner has filed this writ petition. 4.On perusing the entire affidavit and after hearing the submissions made by the petitioner, this Court is of the view that the contentions raised by the petitioner in this writ petition are general in nature and not supported by any materials. We are not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to seek civil remedy as per law. No costs. Consequently, connected miscellaneous petitions are closed.
(J.N.B.,J.) (S.S.Y.,J.) 03.04.2025 Index : Yes/No Internet : Yes/No ta To 1.The District Collector, Thoothukudi District, Thoothukudi-628 101.
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2.The Assistant Director-Town Panchayat, Tirunelveli Region, NGO B Colony, Tirunelveli-627 007.
3.The Revenue Divisional Officer, Tiruchendur Revenue Division, Tiruchendur-628 215.
4.The Tashidar, Tiruchendur Taluk, Tiruchendur-628 215.
5.The Executive Officer, Arumuganeri Town Panchayat, Arumuganeri-628 202.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 03.04.2025 5/5