M. Arul, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Fourteenth day of June Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice K.RAVICHANDRABAABU and The Hon'ble Mr.Justice SENTHILKUMAR RAMAMOORTHY WP(MD) No.14482 of 2013 M.ARUL ... PETITIONER Vs 1 THE DISTRICT COLLECTOR, KARUR DISTRICT, KARUR.

2 THE DIRECTOR OF SCHOOL EDUCATION, CHENNAI.

3 THE CHIEF EDUCATIONAL OFFICER, KARUR.

4 THE MOTHER SUPERIOR, PRESENTATION CONVENT GROUP, BIG BAZAAR STREET, COIMBATORE - 1.

5 THE PARIS PRIEST, ST. THERESA CHURCH, KARUR.

6 THE COMMISSIONER, KARUR MUNICIPALITY, KARUR. ... RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the Respondents 4 & 5 from demolishing the School building and constructing commercial complex at Town Survey Nos.29/2 & 3 and 30/2 & 3, Karur Town, Karur. ORDER : This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.Govindarajan, Advocate for the Petitioner and of Mr.VR.Shanmuganathan, Special Government Pleader on behalf of the respondents 1 to 3 Mr.B.Tamilnithi, Advocate for the 4th respondent, Mr.B.Saravanan for Mr.E.K.Kumaresan, Advocate for the 5th respondent and the sixth respondent having not appeared either in person or by and Advocate, this Court made the following Order:-

(Order of the Court was made by K.RAVICHANDRABAABU,J) This Court while dismissing the above Writ Petition on 15.11.2016, imposed a cost of Rs.30,000/-on the Writ Petitioner to be paid to the Headmaster of Chinnaraj Dhanabakiyam Government High School, Puliyampatti Village, Via Gujiliamparam, Vedasandur Taluk, Dindigul District. This Court further directed the Registry to list the matter on 25.11.2016 for ''reporting compliance''. However, the matter is listed today before this Court for ''reporting compliance''.

2.The learned counsel for the Petitioner submitted that though he sent a communication to the Petitioner, the same was returned with an endorsement ''Unclaimed" and therefore, he reports ''no instructions''. The learned counsel would further submit that he is not in a position to ascertain as to whether the Petitioner has paid the cost to the Headmaster of the above-said school,as directed by this Court.

3.Since it is not stated that the order passed in the Writ Petition with regard to the payment of cost has been complied with, the District Collector, Karur District is directed to take action against the Writ Petitioner to recover the said sum by way of Revenue Recovery Proceedings and pay the same to the Headmaster of the above said School within a period of three weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar(CS- ) TO 1 THE DISTRICT COLLECTOR, KARUR DISTRICT, KARUR.

2 THE DIRECTOR OF SCHOOL EDUCATION, CHENNAI. 3 THE CHIEF EDUCATIONAL OFFICER KARUR.

Copy To:

THE HEADMASTER, CHINNARAJ DHANABAKIYAM, GOVERNMENT HIGH SCHOOL, PULIYAMPATTI VILLAGE, VIA GUJILIAMPARAM, VEDASANDUR TALUK, DINDIGUL DISTRICT.

+1CC to the Special Government Pleader SR.No. 69275 ORDER DATED: 14.06.2019

ORDER

WP(MD) No.14482 of 2013 Giving direction and etc., as stated within.

ES/26.06.2019/3P/6C