Gurunathan .N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.(MD) No.14037 of 2022 N.Gurunathan ... Petitioner -vs1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Vembakottai Taluk, Vembakottai, Vembakottai District.

3.The Block Development Officer, Vembakotti Panchayat Union, Vembakottai, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the third respondent from constructing the building for Anganvadi Center near Shree Vadakkathi Amman Temple in Survey No.293, Pulipparaopatti Village, Vembakottai Taluk, Virudhunagar District by considering the petitioner's

representation 11.06.2022, within a time limit that may be stipulated by this Court.

For Petitioner :

Mr.M.Solaimani For Respondents :

Mr.P.Thilak Kumar, Government Pleader for R1 & R2 Mr.A.K.Manikkam, Special Government Pleader for R3

O R D E R

(Made by P.N.PRAKASH, J.) Alleging that the respondents are constructing an Anganvadi Centre near Shree Vadakkathi Amman Temple in Survey No.293, Pulipparaopatti Village, Vembakottai Taluk, Virudhunagar District, the present public interest litigation has been filed for a mandamus forbearing the respondents from constructing the same.

2. Heard Mr.M.Solaimani, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, appearing for the respondents 1 and 2 and Mr.A.K.Manikkam, learned Special Government Pleader, appearing for the third respondent.

3. It is seen that Survey No.293 has been classified as "Poramboke Grama Natham", in which, the Temple is located. That apart, the learned Government Pleader submitted that there is already an old Anganvadi building, which has become dilapidated and therefore, the construction was begun and even basement has been laid.

4. In our considered opinion, it is not the case of the petitioner that the Anganvadi Centre has been built in the patta land of the petitioner. Therefore, no writ of mandamus can be issued as prayed for by the petitioner, since it is in the public interest that an Anganvadi should be built in the village.

5. In view of the above, this writ petition stands closed. No costs. [P.N.P., J.] [R.H., J.] 04.07.2022 Index : Yes / No Internet : Yes / No pkn

P.N.PRAKASH , J.

and R.HEMALATHA , J.

pkn To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Vembakottai Taluk, Vembakottai, Vembakottai District.

3.The Block Development Officer, Vembakotti Panchayat Union, Vembakottai, Virudhunagar District.

W.P.(MD) No.14037 of 2022 04.07.2022