M.P.V.Mohan Ambalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.19926 of 2024 M.P.V.Mohan Ambalam ... Petitioner -vs1.The District Collector, Madurai District, Madurai.

2.The Assistant Director of Panchayats, O/o. The Assistant Director of Panchayats, Madurai District.

3.The Tahsildar, O/o. The Tahsildar, Melur Taluk, Madurai District.

4.The Block Development Officer, Melur Panchayat Union, Melur, Madurai District.

5.Therku Therku Village Panchayat, Rep. By its Panchayat President, Therku Theru Village, Melur Taluk, Madurai District.

6.K.Karupayee ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondent no.5 from constructing Kalam in Survey No.218/16 situated Therku Theru Village, Melur Village, Melur Taluk, Madurai District and use the said lands for any other public purpose.

For Petitioner : Mr.P.Vetrivel For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 4.

2.The complaint of the petitioner is that the thrashing floor (fsk;) has been constructed by the local Councilor in the area, that is allotted for Veterinary Hospital.

3.We had directed the learned Judicial Magistrate to visit the area and ascertain as to whether the land allotted for Veterinary hospital, has been encroached upon, while constructing the thrashing floor (fsk;). The learned Magistrate after inspecting the area, have filed a report stating that entire Survey No.218/16, measures about 42 Ares, out of the said extent, an extent of 6.07 Ares was allotted for construction of Veterinary hospital by the proceedings of the District Collector bearing Na.Ka.No.45845/2018/Y2,

dated 31.01.2019 and the hospital has been constructed only in the said extent of 6.07 Ares and the thrashing floor (fsk;), which is stated to be offending construction has been constructed in the remaining land, which has been sub divided as 218/16A.

4.In view of the above disclosure, we find that the grievance of the petitioner does not survive. The Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 23.10.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn To 1.The District Collector, Madurai District, Madurai.

2.The Assistant Director of Panchayats, O/o. The Assistant Director of Panchayats, Madurai District.

3.The Tahsildar, O/o. The Tahsildar, Melur Taluk, Madurai District.

4.The Block Development Officer, Melur Panchayat Union, Melur, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 23.10.2024