Vairamuthu.V v. The State Rep By Its Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.M.P.(MD) No.8430 of 2021 V.Vairamuthu ... Petitioner Vs.
1.The State rep. by its Director, Department of Adi-Dravidar and Tribal Welfare, Chepauk, Chennai - 05.
2.The Executive Engineer, O/o. The Executive Engineer, Tamil Nadu Adi-Dravidar Housing and Development Corporation Limited (DAHDCO), Reserve Line Road, Ilanthaikulam, Palayamkottai, Tirunelveli - 02.
3.The District Collector, O/o. The District Collector, 4.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, 5.The District Welfare Officer, O/o. The District Welfare Officer, Adi-Dravidar and Tribal Welfare Department, Virudhunagar District, 6.The Tahsildar, O/o.The Tahsildar, 7.The Tahsildar (Special), O/o. The Tahsildar (Special), Adi-Dravidar and Tribal Welfare Department, ... Respondents 1/4
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the Respondents from constructing Government Girls Hostel or any other building in Survey No.915/3-B in an extent of nearly about 50 cents which was specifically allotted for Communal Purpose/Children's play ground situated at Ward No.3, Block No.8, Ryttanpatti Street, Srivilliputhur Taluk, Virudhunagar District and consequently, direct the Respondents to establish a community hall, Children's Park and Library in the said land.
For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.A.K.Manickam Standing Counsel for Government * * * * *
ORDER
(Order of the Court was made by T. S. SIVAGNANAM, J.) Heard Mr.T.Thirumurugan, learned counsel for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for Government, appearing for the respondents.
2.The petitioner, by way of this Public Interest Litigation, seeks for a direction, forbearing the Respondents from constructing Government Girls Hostel or any other building in Survey No.915/3-B in an extent of nearly about 50 cents which was specifically allotted for Communal Purpose/Children's play ground situated at Ward No.3, Block No.8, Ryttanpatti Street, Srivilliputhur Taluk, Virudhunagar District and consequently, directing the Respondents to establish a community hall, Children's Park and Library in the said land.
3.Learned Standing Counsel for Government has produced a copy of the relevant Government Order in G.O.Ms.No.83, Adi-Dravidar and Tribal Welfare Department, dated 12.08.2020, wherein funds have been sanctioned for demolishing the existing Hostel building for AdiDravidar Girls and constructing a new Hostel for Adi-Dravidar Girls in the said place.
4.The learned counsel for the petitioner submitted that even as earlier when the construction was put up, the public protested against the same stating that common purpose hall etc., should be constructed in that area.
5.In our considered view, the Government for the upliftment of people belonging to the Tribal Communities, more particularly for the girls, who are continuing their education in Schools and Colleges, proposed to construct a new building after demolishing the existing building, since the existing building is in a dilapidated conditions, may be due to poor maintenance. Therefore, at this juncture, we cannot grant the relief sought for by the petitioner.
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6.In view of the above, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Director, Department of Adi-Dravidar and Tribal Welfare, Chepauk, Chennai - 05.
2.The Executive Engineer, O/o. The Executive Engineer, Tamil Nadu Adi-Dravidar Housing and Development Corporation Limited (DAHDCO, Reserve Line Road, Ilanthaikulam, Palayamkottai, Tirunelveli - 02.
3.The District Collector, O/o. The District Collector, 4.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, 3/4
5.The District Welfare Officer, O/o. The District Welfare Officer, Adi-Dravidar and Tribal Welfare Department, Virudhunagar District, 6.The Tahsildar, O/o.The Tahsildar, 7.The Tahsildar (Special), O/o. The Tahsildar (Special), Adi-Dravidar and Tribal Welfare Department, 1CC TO MR. T.THIRUMURUGAN ADVOCATE SR 20809 1CC TO THE SPL GOVT PLEADER SR 21022 30.06.2021 MGJ(15.07.2021) 4P 10C 4/4