Parthasarathy N S v. The District Collector / Inspector Of Panchayats
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.05.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.11923 of 2023 and W.M.P.(MD)No.10326 of 2023 N.S.Parthasarathy ... Petitioner Vs.
1.The District Collector / Inspector of Panchayats, Collector Office, Madurai District, Madurai.
2.The Assistant Director of Panchayats, Office of the Assistant Director of Panchayats, Madurai.
3.The Block Development Officer, Vadipatti Panchayat Union, Vadipatti, Madurai District.
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4.The Panchayat President, Thirualavayanallur Village, Vadipatti Taluk, Madurai District.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents and their men or agents from constructing in Survey Nos.30/3 and 29/3, Thiruvalavayanallur, Vadipatti Taluk, Madurai District and erecting the Panchayat Office building over the thrashing ground and consequently, to direct the respondents 1 to 3 to consider the representation of the petitioner dated 26.04.2023 and restore the damaged thrashing ground. For Petitioner : Mr.P.Balasubramanian For R1 to R3 : Mr.S.P.Maharajan, Special Government Pleader
ORDER
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] This Writ Petition has been filed to forbear the respondents and their men or agents from constructing in Survey Nos.30/3 and 29/3, Thiruvalavayanallur, Vadipatti Taluk, Madurai District and erecting the 2/5
Panchayat Office building over the thrashing ground and consequently, to direct the respondents 1 to 3 to consider the representation of the petitioner dated 26.04.2023 and restore the damaged thrashing ground. 2.Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 3. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 4th respondent is dispensed with.
3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 4.A perusal of the revenue records, which is enclosed at page No.18 of the typed set of papers, shows that the land in Survey No.30/3 has been classified as 'Natham Manai' and further, there is a remark as 'Nagari Grama Natham'. It is submitted by the learned Special Government Pleader for the respondents 1 to 3 that there is no such proposal for constructing the Panchayat Office in Survey No.29/3 as alleged by the petitioner. 3/5
5.In view of the above, the prayer sought for by the petitioner is unjustifiable. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (T.R., A.C.J.) & (L.V.G., J.) 17.05.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The District Collector / Inspector of Panchayats, Collector Office, Madurai District, Madurai.
2.The Assistant Director of Panchayats, Office of the Assistant Director of Panchayats, Madurai.
3.The Block Development Officer, Vadipatti Panchayat Union, Vadipatti, Madurai District.
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T.RAJA, A.C.J.
AND L.VICTORIA GOWRI , J.
MYR W.P.(MD)No.11923 of 2023 17.05.2023 5/5