Sivakumar S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21514 of 2021 and W.M.P(MD)No.18077 of 2021 S.Sivakumar ..Petitioner Vs 1.The District Collector, Madurai District at Madurai.

2.The Project Director, Integrated Child Development Services Scheme, No.1/143, East Streetm Melamadai, Madurai - 625 020.

3.The Tahsildar, Usilampatti Taluk @ Usilampatti, Madurai District.

4.The Tahsildar, Usilampatti Taluk @ Usilampatti, Madurai District.

5.Poongodi, Wife of Pandi, The President, Muthalaikulam Village Panchayat, Chellampatti Panchayat Union, Madurai District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus forbearing the respondents from in any way continue the construction of Anganwadi Centre at the Petitioner's own property situated in S.No.318/19, to an

extent of 4 cents at Nadumuthalaikulam Village, Usilampatti Taluk, Madurai District and consequently to direct the respondents to remove the superstructure put up in the above said property within the time stipulated by this Court.

For Petitioner :Mr.N.Satish Babu For Respondents:Mr.D.Sadiq Raja 1,2 and 4 Spl. Govt.Pleader For Respondents:Mr.D.Sasikumar 3 and 5

ORDER

The Writ Petition has been filed seeking issuance of a Writ of mandamus forbearing the respondents from in any way continue the construction of Anganwadi Centre at the Petitioner's own property situated in S.No.318/19, to an extent of 4 cents at Nadumuthalaikulam Village, Usilampatti Taluk, Madurai District and consequently to direct the respondents to remove the superstructure put up in the above said property within the time stipulated by this Court. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1,2 and 4 would

submit that the construction of the Anganwadi Centre in question has already been completed and the same has been functioning from the year 2021.

4.On the above facts and circumstances, this Court directs the respondents 1 to 4 to consider the representation submitted by the Petitioner on 8.10.2021 in respect of the claim made in the above Writ Petition and pass appropriate orders, after affording an opportunity of hearing to all the parties concerned, on merits and in accordance with law, within a period of 20 weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 28.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Madurai District at Madurai.

2.The Project Director, Integrated Child Development Services Scheme, No.1/143, East Streetm Melamadai,

Madurai - 625 020.

3.The Tahsildar, Usilampatti Taluk @ Usilampatti, Madurai District.

4.The Tahsildar, Usilampatti Taluk @ Usilampatti, Madurai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.21514 of 2021 and W.M.P(MD)No.18077 of 2021 28.11.2022