Pothiraja v. Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Pothiraja ... Petitioner -vs1.Union of India Ministry of Rural Development Government of India Dr.Rajendra Prasad Road New Delhi-110 001 2.The Principal Secretary Rural Development and Panchayat Government of Tamil Nadu Secretariat Chennai-600 009 3.The Director Rural Development and Panchayat 4th and 5th Floor, Jeenis Road Saidapet, Chennai-600 009 4.The District Collector Madurai District Madurai
5.The Tahsildar Usilampatti Taluk Madurai District 6.The Project Director Rural Development and Panchayat Madurai District 7.The Assistant Director Rural Development and Panchayat Madurai District 8.The Block Development Officer Village Panchayat Usilampatti Union Madurai District 9.The Assistant Executive Engineer Rural Development Department Usilampatti Region Madurai District 10.Nagan 11.N.Chellapandi 12.N.Sundarapandi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent 1 to 9 to resume the construction of public latrine and bathroom in Survey No.492/29 or 492/75A, 492/75B at Valaiyapatti Village, Usilampatti Taluk, Madurai District and consecutively direct the respondents 4 and 5 to remove the illegal
encroachment if necessary for the purpose of constructing public latrine and bathroom.
For Petitioner :
Mr.M.Ramasiva For Respondents :
Mr.K.Govindarajan Deputy Solicitor General of India for R1 Mr.P.Thilakkumar Government Pleader for R2 to R7 & R9 Mr.V.Nirmal Kumar Government Advocate for R8
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] The grievance of the petitioner is that the Government is not implementing the scheme for putting up public toilet in the village concerned.
2. Mr.P.Thilakkumar, learned Government Pleader appearing for the respondents 2 to 7 & 9, would submit that the construction was stopped due to the interim order granted by this Court in W.P.(MD) No.10498 of 2021.
3. In view of the same, we do not think that we can entertain this public interest litigation.
4. Leaving it open to the petitioner to approach the Writ Court and seek vacation of the interim order granted in W.P.(MD) No.10498 of 2021, this public interest litigation is dismissed. No costs. [R.S.M., J.] [L.V.G., J.] 11.04.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.Ministry of Rural Development, Government of India, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Principal Secretary, Rural Development and Panchayat, Government of Tamil Nadu, Secretariat, Chennai-600 009.
3.The Director, Rural Development and Panchayat, 4th and 5th Floor, Jeenis Road, Saidapet, Chennai-600 009.
4.The District Collector, Madurai District, Madurai.
5.The Tahsildar, Usilampatti Taluk, Madurai District.
6.The Project Director, Rural Development and Panchayat, Madurai District.
7.The Assistant Director, Rural Development and Panchayat, Madurai District.
8.The Block Development Officer, Village Panchayat, Usilampatti Union, Madurai District.
9.The Assistant Executive Engineer, Rural Development Department, Usilampatti Region, Madurai District.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
krk 11.04.2023