Velammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.15434 of 2023 Velammal ... Petitioner -vs1.The District Collector Tenkasi, Tenkasi District 2.The Revenue Divisional Officer Sankarankovil Tenkasi District 3.The Tahsildar Sivagiri Taluk Tenkasi District 4.Vasudevanallur Town Panchayat rep.by its Executive Officer Vasudevanallur Tenkasi District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the fourth respondent from constructing a public toilet or any other public building in the Government poramboke pathway situated in Survey No.46, Panaiyadiyan Temple Street, Vasudevanallur Village, Sivagiri Taluk, Tenkasi District, which is classified as prohibited area by the respondents 1 to 3.

For Petitioner :

Mr.J.Karthick For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to forbear the fourth respondent from constructing a public toilet or any other public building in the Government poramboke pathway situated in Survey No.46, Panaiyadiyan Temple Street, Vasudevanallur Village, Sivagiri Taluk, Tenkasi District, which is classified as prohibited area by the respondents 1 to 3.

2. The Revenue Divisional Officer / second respondent, in Paragraph No.7 of his counter affidavit, has stated as follows: "7.Hence, on the directions made by this Hon'ble Court and on the survey conducted by us, we submit that there is no urge or imminent need for constructing a public toilet in the above mentioned place and the funds which was allotted to the same may be used for any other useful purpose, rather than constructing a public toilet by the 4th respondent."

3. In view of the above statement made by the Revenue Divisional Officer, no further adjudication is required in this writ petition and the writ petition is, therefore, closed. However, it is made clear that the respondent - Panchayat shall not proceed further for construction of public toilet in the subject place. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 27.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tenkasi, Tenkasi District.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildar, Sivagiri Taluk, Tenkasi District.

4.The Executive Officer, Vasudevanallur Town Panchayat, Vasudevanallur, Tenkasi District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.15434 of 2023 27.03.2024