D.Raju, S/O.Devasagayam v. The Principal Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS. JUSTICE R.THARANI Writ Petition(MD)No.16512 of 2017 and W.M.P.(MD).Nos.13143 of 2017 and 13845 of 2018 D.Raju .. Petitioner Vs.
1.The Principal Secretary, Municipal Administration and Water Supply Department State of Tamil Nadu Secretariat Fort St. George, Chennai.
2.The Director, Office of the Director of Town and Country Planning, 807, Anna Salai, Chennai-02.
3.The District Collector, Office of the District Collector, Ramanathapuram District.
4.The Deputy Director, Town and Country Planning, Sivagangai Region, No.430, Gandhi Veethi Sivagangai-61.
5.The Commissioner Ramanathapuram Municipality Ramanathapuram.
6.The Correspondent Schwartz Higher Secondary School, Ramanathapuram.
..Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Mandamus directing the respondents 1 to 5 to initiate necessary action against the unauthorized construction of commercial complex within the school premises of the 6th respondent school overlapping the sizable extent of school playground in accordance with law within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.S.Malaikani For Respondents : Mr.Ayiram K.Selvakumar Additional Govt.Pleader for RR-1 to 4 Mr.A.Kannan for R5 Mr.N.Anantha Padmanaban for R-6
ORDER
[Order of the Court was made by K.KALYANASUNDARAM, J] Heard Mr.S.Malaikani, learned counsel for the petitioner, Mr.Mr.Ayiram K.Selvakumar, learned Additional Government Pleader for the respondents 1 to 4, Mr.A.Kannan, learned Standing counsel for the fifth respondent and Mr.N.Anantha Padmanaban, learned counsel for the sixth respondent.
2.The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents 1 to 5 to initiate necessary action against the unauthorized construction of commercial complex within the school premises of the 6th respondent school overlapping the sizable extent of school playground.
3.It is seen from the records that earlier, two writ petitions were filed by the petitioner in W.P.(MD).No.16174 of 2016 and W.P. (MD).No.23850 of 2016 came to be dismissed by observing that the petitioner has no locus standi.
4.In view of the above facts, we are of the opinion that by filing the present writ petition, the petitioner cannot expect this Court to review the earlier order passed in the above mentioned writ petitions.
5.In such view of the matter, the present writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) vs To 1.The Principal Secretary, Municipal Administration and Water Supply Department
State of Tamil Nadu Secretariat, Fort St. George, Chennai.
2.The Director, Office of the Director of Town and Country Planning, 807, Anna Salai, Chennai-02.
3.The District Collector, Office of the District Collector, Ramanathapuram District.
4.The Deputy Director, Town and Country Planning, Sivagangai Region, No.430, Gandhi Veethi Sivagangai-61.
+1 CC to M/s.A.KANNAN, Advocate ( SR-62118[F] dated 24/04/2019 ) +1 CC to M/s.N.ANANTHAPADMANABAN, Advocate ( SR-62381[F] dated 25/04/2019 ) +1 CC to M/s.S.MALAIKANI, Advocate ( SR-62593[F] dated 25/04/2019 ) +1 CC to M/s.SPL GP ( SR-62745[F] dated 25/04/2019 ) Writ Petition (MD )No.16512 of 2017 vs KK/SAR/03.06.2019/3P-9C