Petitioner sought certiorari to quash an order rejecting a request to reclassify school land as private 'poramboke'. Court dismissed petition holding petitioner lacked locus standi as he is not the land owner.
The writ petition is dismissed as the petitioner has no locus standi to question the order as he is not the owner of the land. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.18452 of 2009
Prayer:Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the entire records pertaining to the Na.Ka.No.3203/2008/A2 dated 16.04.2009 made by the seventh respondent herein and quash the same.
For Petitioner :: Mr.Dalit Tiger C.Ponnusamy For Respondents :: Mr.K.Karthikeyan Government Advocate
ORDER
This writ petition is directed against the impugned order dated 16.4.2009 issued by the Block Development Officer cum Commissioner, Sithamoor Panchayat Union, Cheyyur Taluk, Kanchipuram District, declining the request of the petitioner to change the land classified as “school poramboke” belonging to the Sithamoor Panchayat Union Elementary School, citing a reason that when the Sithamoor Panchayat Union Elementary School has been functioning for the past 45 years and the buildings have been constructed by the Sithamoor Panchayat Union and the lands have been allotted for the school for future expansion, it is not feasible to concede the request of the petitioner. The learned counsel for the petitioner stated that when the school is in possession of the land not allotted to it, the respondents should be directed to consider his request.
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
ss
To
SSV(CO) GN(30/05/2019)
1 issue framed by the court
Whether a person who is not the owner of a school land has locus standi to challenge the block development officer's order declining land change.
M. Krishna Parayanar
The Secretary to the Government Rural Development and Rural Administration
The District Collector Kanchipuram
The Principal Educational Officer Kanchipuram
The Assistant Director of Panchayat Union Kanchipuram
The District Educational Officer Elementary Schools Kanchipuram
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
