K.Vadivel v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1410 of 2017 and W.M.P(MD)No.1155 of 2017 K.Vadivel .. Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Block Development Officer, Thiruparankundram Panchayat Union, Tirunagar, Madurai.
3.The Tahsildar, Madurai South Taluk, Madurai District.
4.The Special Officer, Thanakankulam Panchayat, Thanakankulam, Madurai.
5.K.Karuthakannan .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent not to allow the fifth respondent to convert the "Nallukone Oorani" comprised in S.No.64/3, Thanakkankulam Village, Madurai South Taluk, into play ground or for any purpose.
For Petitioner : Mr.PT.S.Narendravasan For Respondents 1 to 4 : Mr.D.Muruganandam, Additional Government Pleader.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the first respondent not
to convert the Oorani mentioned in the petition as a play ground by the fifth respondent, by way of issuing a writ of mandamus. 2.It is averred in the petition that in Thanakkankulam Village, Survey No.64/3 has been classified as Oorani and the fifth respondent has made attempts to convert the same into play ground. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein. 3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1 to 4. Considering the nature of the relief sought in the writ petition, notice need not be sent to the fifth respondent.
4.It is seen from the records that Survey No.64/3 has been classified as Oorani. The main gravamen expressed on the side of the petitioner is that the fifth respondent has made attempts to convert the same into play ground.
5.Considering the fact that Survey No.64/3 has been classified as Oorani, neither the first respondent nor the fifth respondent is entitled to convert the same as play ground and therefore the relief sought in the writ petition can be granted. 6.In fine, this writ petition is allowed without costs and the first respondent is strictly directed not to allow the fifth respondent to convert the Oorani which is in existence in Survey No.64/3, Thanakkankulam Village as a play ground in future. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(C) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.
2.The Block Development Officer, Thiruparankundram Panchayat Union, Tirunagar, Madurai.
3.The Tahsildar, Madurai South Taluk, Madurai District.
4.The Special Officer, Thanakankulam Panchayat, Thanakankulam, Madurai.
+1 CC to M/s.P.T.S NARENDRAVASAN, Advocate, SR No. 4697. +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 4990. SMN PSM/BS-MR/06.02.2017/3P/7C ORDER MADE IN W.P(MD)No.1410 of 2017 and W.M.P(MD)No.1155 of 2017 30.01.2017