V.Poun, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 and W.M.P.(MD)No.11527 of 2016 V.Poun ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Andipatti Taluk, Theni District.

3.The Assistant Director of Panchayat, Theni District, Theni.

4.The Block Development Officer, Andipatti Union, Andipatti.

5.The President, Ramakrishnapuram Panchayat, Andipatti Taluk, Theni District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating with the order passed by the 2nd respondent in Na.Ka.No.7270/2015/A3 dated 08.12.2015 and quash the same as it is arbitrary and illegal and in consequence to forbear the 5th respondent from constructing a marriage hall in the middle of the road in S.No.22 in Ramakrishnapuram Village, in Andipatti Taluk, Theni District, by demolishing the road and closing the pond and thereby obstruct the petitioner's free access to the road.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1 to R4.

Mr.D.Murukanantham for R5.

ORDER

Heard both sides.

2.The petitioner wanted this Court to forbear the respondents from constructing any community hall in the petition mentioned cart-track. 3.When the matter was taken up for final hearing, the learned Additional Government Pleader on instructions submitted that the 2/4

proposal has since been dropped. The revenue records have been made available and it is seen therefrom that S.No.22 has been classified as cart-track. On a cart-track, no construction can be made. 4.Recording the submission of the respondents, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

09.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Theni District.

2.The Tahsildar, Andipatti Taluk, Theni District.

3.The Assistant Director of Panchayat, Theni District, Theni.

4.The Block Development Officer, Andipatti Union, Andipatti.

3/4

G.R.SWAMINATHAN, J.

ias 09.08.2023 4/4