Madras High CourtWP(MD)/937/2017dismissed

A.Thangavel v. The Principal Secretary

2017-06-15Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2017

CORAM

THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE N.AUTHINATHAN W.P(MD) No.937 of 2017 and WMP(MD)No.796 of 2017 A.Thangavel ... Petitioner -vs1.The Principal Secretary, Government of Tamil Nadu, St.Fort George, Chennai.

2.The District Collector, Tiruchirapalli District.

3.The Director of Town Panchayat, O/o.the Directorate of Town Panchayat, Kuralagam, Chennai - 600 108.

4.The Assistant Director of Town Panchayat, O/o.District Collectorate, Tiruchirapalli District.

5.The Tahsildrar, Mannachanallur Taluk, Tiruchirapalli District.

6.The Executive Officer, Mannachanallur Town Panchayat, Tiruchirapalli District.

7.The President, Mannachanallur Town Panchayat, Tiruchirapalli District.

8.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

... Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents 2 to 7 to implement the underground drainage and sewage pumping station project in the said survey No.135/1 and utilize the said land only for the purpose it was acquired under the Land Acquisition proceedings done by the Government through Revenue Divisional Officer, Musiri through land acquisition proceedings R.Dis.33299/65 dated 29.09.1966 For Petitioner : Mr.G.S.Asok Adhithyan For RR - 1 to 5 : Mr.M.Govindan Special Government Pleader For RR - 6 & 7 : No appearance For R - 8 : Mr.D.Sivaraman

O R D E R

[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 2 to 7 to implement the underground drainage and sewage pumping station project in Survey No.135/1 which has been acquired under Land Acquisition Act for the very same purpose by way of issuing a Writ of Mandamus.

2.The learned counsel appearing for the petitioner has contended to the effect that Survey No.135/1 has been acquired only for establishing underground drainage and sewage pumping station. But now the respondents are making arrangements to establish a Government bus depot in the said survey number and therefore, the present Writ Petition has been filed for getting the relief sought therein.

3.Both the learned Special Government Pleader appearing for the respondents 1 to 5 and the learned counsel appearing for the eighth respondent/transport corporation have uniformly contended to the effect that totally four survey numbers have been acquired for the purpose mentioned in the petition. The Town Panchayat, Mannachanallur has passed a resolution to the effect that only a portion of Survey No.135/1 can be utilized for establishing Government bus depot and in respect of the remaining survey numbers, with regard to establishing underground drainage and sewage pumping station, the Government of Tamil Nadu has issued G.O.(D).No.202, Municipal Administration and Water Supply (TP.2) Department, on 17.05.2017 and necessary amount has also been

allotted and therefore, the relief sought in the Writ Petition cannot be granted.

4.The only point that comes up for consideration in the present Writ Petition is as to whether Survey No.135/1 can be utilized for some other purpose other than the purpose for which the same has been acquired under the Land Acquisition Act. 5.The main contention put forth on the side of the petitioner is that Survey No.135/1 has been acquired only for specific purpose. Now attempts are being made to use the same for some other purpose.

6.It is an admitted fact that totally four survey numbers have been acquired for the purpose mentioned in the petition. 7.The contention put forth on the side of the contesting respondents is that the Town Panchayat, Mannachanallur has passed a resolution so as to give a portion of Survey No.131/5 for establishing Government bus depot.

8.As pointed out on the side of the contesting respondents, the Government of Tamil Nadu have issued G.O.(D).No.202, Municipal Administration and Water Supply (TP.2) Department on 17.05.2017, wherein it is clearly mentioned to establish underground drainage system in Mannachanallur and necessary fund has also been allotted.

9.Considering the fact that the Government of Tamil Nadu after examining necessary things, has passed G.O.(D).No.202, Municipal Administration and Water Supply (TP.2) Department on 17.05.2017 and also considering that only a portion of Survey No.135/1 has been given for establishing Government bus depot, this Court is of the view that the relief sought in the Writ Petition cannot be granted and altogether, the present Writ Petition deserves to be dismissed.

10.In fine, this Writ Petition is dismissed. No costs. Connected WMP(MD)No.796 of 2017 is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary, Government of Tamil Nadu, St.Fort George, Chennai.

2.The District Collector, Tiruchirapalli District. 3.The Director of Town Panchayat, O/o.the Directorate of Town Panchayat, Kuralagam, Chennai - 600 108.