Madras High CourtWP(MD)/4051/2017partly allowed

S.Muthukutty, v. The District Collector

2017-03-09Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4051 of 2017 S.Muthukutty .. Petitioner Vs.

1.The District Collector, Tirunelveli District, Collectorate, Tirunelveli - 627 009.

2.The Joint Director, Panchayats, Collectorate, Tirunelveli - 627 009.

3.The Project Officer, Integrated Child Development, Collectorate, Tirunelveli - 627 009.

4.The Executive Engineer, Public Works Department, Nanguneri - 627 108.

5.Tahsildar, Nanguneri Taluk, Nanguneri - 627 108.

6.The Chairman, Kalakadu Panchayat, Kalakadu - 627 501.

Nanguneri Taluk, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from in any manner converting the land either in full or in part situated in Village Natham Survey No.832/1B to an extent of 0.19.25 Hectares, used as Bus Stand for Kalakadu Village, for any other purpose, including the construction of Anganwadi in the land by considering the representations dated 26.12.2016 and 29.12.2016 within a time frame as may be fixed by this Court.

For Petitioner : Mr.N.Subramanian https://hcservices.ecourts.gov.in/hcservices/ For Respondents 1 to 5 : Mr.T.S.Mohammed Mohideen, 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 respondents not to convert the lands comprised in Survey No.832/1B, admeasuring 0.19.25 Hectares to any other purpose except Bus Stand in Kalakadu Village, by way of issuing a writ of mandamus. 2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents 1 to 5. 3.It is seen from the records that on 26.12.2016 and 29.12.2016, two representations have been given, but the same have not been considered by the respondents 1 to 5. Under the said circumstances, this Court is inclined to pass the following order. 4.In fine, this writ petition is allowed in part without costs and the first respondent is directed to look into the representations dated 26.12.2016 and 29.12.2016 and dispose of the same within a period of one month.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Tirunelveli District, Collectorate, Tirunelveli - 627 009.

2.The Joint Director (Panchayats), Collectorate, Tirunelveli - 627 009.

3.The Project Officer, Integrated Child Development, Collectorate, Tirunelveli - 627 009.

4.The Executive Engineer, Public Works Department, Nanguneri - 627 108.

5.Tahsildar, Nanguneri Taluk, Nanguneri - 627 108.

+One cc to The Special Government Pleader, SR.No.13749 smn RL/7C/2P/PM/PN/SAR3/14.3.2017 ORDER MADE IN W.P(MD)No.4051 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 09.03.2017