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Madras High CourtWP(MD)/22069/2021disposed of

Pushpavalli v. The District Collector

2022-01-12Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.22069 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.22069 of 2021 Pushpavalli ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Kariapatti, Virudhunagar District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents not to construct the Primary Health Centre in the petitioner's property in Survey No.43/27, Kariyapatti Village, Virudhunagar District based on the petitioner's representation dated 05.08.2021.

For Petitioner : Mr.S.J.Chakkkaravarthy For Respondents : Mr.S.Kameswaran, Government Advocate.

ORDER

Let me dispose of the Writ Petition on the basis of instructions forwarded by Mr.S.Kameswaran, learned Government Advocate who takes notice on behalf of the respondents.

2. The Writ Petition has been filed in the nature of Mandamus seeking a negative direction to the respondents not to construct a Primary Health Centre in Survey No.43/27, Kariyapatti Village, Virudhunagar District.

3. It is admitted by the learned counsel for the petitioner and also confirmed by Mr.S.Kameswaran, learned Government Advocate, that Survey No.43/27 does not belong to the petitioner. The actual survey number which is in his holding is 45/27A. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.22069 of 2021

4. Mr.S.Kameswaran, on instructions, stated that the Primary Health Centre is not going to be constructed at Survey No.45/27A. They are however going to construct the Primary Health Centre in Survey No.45/11.

5. Recording the above statement, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Kariapatti, Virudhunagar District.

+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate ( SR-1560[F] dated 12/01/2022 ) +1 CC to M/s.SPL.GP ( SR-1684[F] dated 19/01/2022 ) W.P.(MD).No.22069 of 2021 12.01.2022 MGJ(01.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2