A.Muthuraj @ Paulraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.16371 of 2014 and M.P.(MD).No.1 of 2014 A.Muthuraj @ Paulraj .. Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Assistant Director (Panchayat), District Collector Campus, Tirunelveli.

4.The Assistant Director, Tamil Nadu Country Planning Office, (off) V.O.C. Ground, Palayamkottai, Tirunelveli -2.

5.The Chief Educational officer, 6.The Tahsildar, Radhapuram Taluk, Radhapuram.

7.The Executive Officer, Town Panchayat, Thisayanvilai, Radhapuram Taluk, ...

Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents not to construct any new building for the Higher Secondary School at Shanmugapuram, Thisayanvilai Town Panchayat Limit, Radhapuram Taluk, Tirunelveli District, abutting

Shanmugapuram Village burial ground in violation of the Rule 6(5) of the Tamil Nadu District Municipalities Rules, by considering the petitioner's representation dated 01.09.2014. For Petitioner : Mr.H.Arumugam For respondents 1 to 6 : Mr.T.R.Janarthanam, Additional Government Pleader For 7th respondent : No appearance

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation seeking a direction to the respondents not to construct any new building for the Higher Secondary School at Shanmugapuram, Thisayanvilai Town Panchayat Limit, Radhapuram Taluk, Tirunelveli District, abutting Shanmugapuram Village burial ground, in 2.When the matter was taken up for hearing today, the learned Additional Government Pleader appearing for the respondents submitted that the school building was constructed at the land in question in the year 2014 itself at the cost of Rs.58 lakhs and the same has become functional. The said submission is recorded. 3.In view of the same, nothing survives for adjudication in this petition. This Writ Petition is, therefore, dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, 2.The District Revenue Officer, 3.The Assistant Director (Panchayat), District Collector Campus, Tirunelveli.

4.The Assistant Director, Tamil Nadu Country Planning Office, (off) V.O.C. Ground, Palayamkottai, Tirunelveli -2.

5.The Chief Educational officer, 6.The Tahsildar, Radhapuram Taluk, Radhapuram.

7.The Executive Officer, Town Panchayat, Thisayanvilai, Radhapuram Taluk, +1 cc to MR.H.ARUMUGAM, Advocate SR.No.57709 +1 cc to Special Government Pleader SR.No.58314 Order made in W.P.[MD].No.16371 of 2014 30.09.2016 SMA/KM/08.11.2016:3P/10C