Jessie Robinson Jacob v. the District Collector
Case brief
What is this about?
Petitioner sought writ directing removal of a government school on property he claimed via injunction decree. Court denied mandatory removal as no possession decree existed. Leave respondents 6 weeks to inspect safety and inform petitioner before he approaches civil court.
What did the court decide?
Respondents directed to verify building safety and inform petitioner within six weeks; petitioner directed to make fresh representation to third respondent.
What the court decided
W.P.(MD).No.8783 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8783 of 2021
Jessie Robinson Jacob ... Petitioner
Vs.
1.The District Collector, Office of Collectorate, Kanniyakumari 2.The Tahsildar, Taluk Office, Thovalai, Kanniyakumari.
3.The Block Development Officer, Thovalai, Kanniyakumari. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the dilapidated Government School building in Survey No.344/6B, within the time frame that may be fixed by this Court, by considering the petitioner's representation, dated 05.09.2020.
Issues for consideration
3 issues framed by the court
Whether a petitioner holding only a permanent injunction decree can mandate the removal of a government school building.
Whether the respondents must act immediately on a request to remove a dilapidated school property.
What directions should be issued regarding the safety and future status of the contested school structure.
Parties & counsel
- petitioner
Jessie Robinson Jacob
- respondent
District Collector, Office of Collectorate, Kanniyakumari
- respondent
Tahsildar, Taluk Office, Thovalai, Kanniyakumari
- respondent
Block Development Officer, Thovalai, Kanniyakumari
Coram
Case details
As recorded by the court registry
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