Petchimuthu, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.12600 of 2013 Petchimuthu

...Petitioner

Vs.

1.The District Collector, Tirunelveli District. Tirunelveli.

2.The Special Tahsildar, Harizan Welfare, Sankarankoil, Tirunelveli District.

3.The Commissioner, Puliyangudi Municipality, Puliyangudi, Tirunelveli District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 15.07.2013 made in A2/17899/2013 passed by the 1st respondent and quash the same and consequently direct the respondents to construct community hall either on the North or the South of Muppudathyamman Kovil 3rd Street in T.S No.141 of Puliyangudi, Tirunelveli District keeping intact the above said 3rd Street.

For Petitioner : No appearance For Respondents 1&2 : Mr.N.Manoharan Special Government Pleader.

For 3rd Respondent : No appearance

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The present case relates to construction of a community hall. The grievance of the petitioner is that the proceedings passed by the first respondent, permitting to put up a community hall, should be quashed and the petitioner wants to construct the said community hall in another place.

2.None appears for the petitioner.

3.We do not justify such prayer at the request of one person. It is for the authority concerned to decide the location of community hall on the basis of available locality. Merely on the basis of allegation and apprehension of the so-called pro bono public, location cannot be changed and therefore, the proceedings issued by the first respondent cannot be quashed.

https://hcservices.ecourts.gov.in/hcservices/

4.We find no reason to entertain this writ petition in public interest, as no cause of action arises for consideration. Accordingly, this writ petition is dismissed. No costs. Connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Special Tahsildar, Harizan Welfare, ankarankoil, Tirunelveli District.

3.The The Commissioner, Puliyangudi Municipality, Puliyangudi, Tirunelveli District.

+1CC to the Special Government Pleader, in SR.No.52938 +1cc to M/s.P.T.Thiraviam, Advocate in SR.No.52842 Writ Petition (MD) No.12600 of 2013 08.09.2015 MJ PBK/AAL-MPA/SAR-II 29/09/2015 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/