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Madras High CourtWP(MD)/25643/2022dismissed

Ravichandran v. The Joint Director / Project Director

2024-03-27Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

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)Nos.19731 & 19735 of 2022 Ravichandiran : Petitioner Vs.

1.The Joint Director / Project Director, District Rural Development Office, Pudukkottai District.

2.The Block Development Officer, Block Development Office, Aranthangi, Pudukkottai District.

3.The President, Orvani Panchayat, Orvani Village, Aranthangi Taluk, Pudukkottai District.

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4.Balasekaran 5.Backiyam @ Backiyalakshmi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing the respondents 1 and 2 from sanctioning any financial aid under State or Central Government Scheme to put up any construction in the earmarked place in S.F.No.184/3 of Vigneshwarapuram, Pallathivayal Revenue Village, Aranthangi Taluk, Pudukkottai District.

For Petitioners : Ms.A.Arul Jenifer For Respondents 1 to 3 : Mr.T.Amjad Khan Government Advocate

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The present writ petition has been filed seeking to forbear the respondents 1 and 2 from sanctioning any financial aid under State or Central Government Scheme to put up any construction in the earmarked place in S.F.No.184/3 of Vigneshwarapuram, Pallathivayal Revenue Village, Aranthangi Taluk, Pudukkottai District.

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2.Learned Counsel for the petitioner submitted that he has already filed a suit in O.S.No.192/2014 before the District Munsif, Aranthangi, seeking for declaration of the pathway for the property purchased by the petitioner, permanent injunction regarding pathway and also mandatory injunction to remove the obstruction and also for other reliefs. The said suit was decreed in favour of the petitioner on 01.10.2020 and the appeal preferred by the defendants also came to be dismissed on 23.02.2022. 3.Learned Government Advocate appearing for the official respondents produced a letter dated 29.12.2021 and submitted that funds have already been sanctioned by the Central Government for construction of the building in the survey number in question.

4.From the letter produced by the learned Government Advocate, it is seen that funds have been sanctioned in the year 2021 itself, but the same has not been challenged by the petitioner so far. The present writ petition has been filed only on 09.11.2022. Therefore, the prayer sought for by the petitioner is liable to be rejected.

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5.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K.,J.] & [R.V.,J.] 27.03.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The Joint Director / Project Director, District Rural Development Office, Pudukkottai District.

2.The Block Development Officer, Block Development Office, Aranthangi, Pudukkottai District.

3.The President, Orvani Panchayat, Orvani Village, Aranthangi Taluk, Pudukkottai District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 27.03.2024 6/6