Paulraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.11722 to 11724 of 2025 Paulraj ... Petitioner Vs.

1.The District Collector, Tenkasi District.

2.The Municipal Commissioner, Puliyangudi, Tenkasi District.

3.The Tahsildar, Kadayanallur, Tenkasi District.

4.R.Kottur

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 18.05.2025 passed by the 1st respondent through his proceedings vide Na.Ka.No.COLR/4161/2025-C2 consequently, to direct the 1/5

respondents 1 to 3 to construct the modern school in alternative place in accordance with law.

For Petitioner : Mr.S.Baskar Mathuram For R1 & R3 : Mr.P.Thilak Kumar, Government Pleader For R2 : Mr.M.Rajarajan, Standing Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order dated 18.05.2025 passed by the District Collector, Tenkasi District, pursuant to the directions issued by this Court in W.P.(MD)No.5633 of 2025, dated 24.03.2025, is under challenge in this Writ Petition. 2.The learned counsel appearing for the petitioner would mainly contend that Puliyangudi Municipality constructed a Modern School and burial ground situates within the radius of 42 meters from the School. Therefore, the burial ground may cause health hazard to the children going to the School. 2/5

3.A perusal of the impugned order reveals that the ground in this regard raised by the petitioner has been elaborately considered by the District Collector / 1st respondent, who made a finding that there is no possibility of health hazard for the children going to study in the School.

4.When the District Collector has factually found that the burial ground would not cause any health hazard to the children going to the School, this Court cannot substitute his views, since the said finding is based on the reports of the revenue authorities and after making assessment of the ground situation. Thus, the petitioner has not established any ground for interference of the impugned order. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 09.06.2025 NCC : Yes / No Index : Yes / No Yuva 3/5

To 1.The District Collector, Tenkasi District.

2.The Tahsildar, Kadayanallur, Tenkasi District.

4/5

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 09.06.2025 5/5