Dismissed

Palani Mudaliar v. Teh District Colelctor of Villupuram

Madras HC13 Jun 2023WP/17425/2023

Case brief

AI extract

What is this about?

This short order dismissed a writ petition seeking to restrain the reconstruction of a dilapidated school. The High Court found the petitioners' apprehension unfounded based on respondent submissions that construction would occur only on the existing school site. The petition was disposed of without costs.

What did the court decide?

The writ petition was disposed of in the terms of the order; no injunction was issued against the respondents.

Palani Mudaliar Vs Teh District Colelctor of… — Education and Admissions | Madras HC (2023)

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Writ Petition No.17425 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.06.2023

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.17425 of 2023 and

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W.M.P.No.16574 of 2023

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1.Palani Mudaliar S/o.Late Ponnaiah

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2.Arunachala Mudaliar S/o.Late Dharmasiva Mudaliar

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3.Sivaprakasa Mudaliar S/o.Late Chinnappa Mudaliar

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4.Purushothaman Mudaliar S/o.Late Arumugam Mudaliar

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5.Saravana Ayya Mudaliar S/o.Late Vaidyalinga Mudaliar

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6.Soundararajan Mudaliar S/o.Late Muthusami Mudaliar

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7.Chinnathambu Mudaliar S/o.Late Subramani Mudaliar

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...Petitioners

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1.The District Collector of Villupuram, Villupuram.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17425 of 2023

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2.The Revenue Divisional Officer, Villupuram.

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3.The Divisional Educational Officer, O/o.The Divisional Educational Officer, Vanur Village, Thiruchitrambalam P.O. 605 111. Vanur Taluk, Villupuram District.

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4.The Tahsildar, Vanur Taluk, Vanur, Villupuram Distirct.

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5.The Block Development Officer, Vanur, Villupuram District.

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6.The President, Vilvanatham Panchayat Union, Vilvanatham Village, Kazhuperumbakkam Post, Vanur Taluk, Villupuram District.

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7.P.Sridhar alias Chandrasekar S/o.Perumal ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to consider the petitioner's representation dated 17.02.2023 and forbear the fifth respondent from constructing the school in Survey Nos.228/1 and 256/2 at Vilvanatham Village, Kazhuperumbakkam Post, Vanur Taluk, Villupuram District, which are the places ear-marked for the people to prepare Pongal on daily basis and in yearly festivals and offer the same to the deities of Arulmighu Sengkeni Amman and other temples.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17425 of 2023

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For Petitioners : Mr.R.Agilesh For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader [R1 to R4] Mr.U.Baranidharan Additional Government Pleader [R5 & R6] *****

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O R D E R

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This writ petition has been filed for issuance of a writ of mandamus

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forbearing the fifth respondent from constructing school in Survey Nos.228/1 and 256/2 at Vilvanatham Village, Kazhuperumbakkam Post,

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Vanur Taluk, Villupuram District, by considering the representation made

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by the petitioners on 17.02.2023.

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2. Heard Mr.R.Agilesh, learned counsel for petitioners,

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Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing

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for respondents 1 to 4 and Mr.U.Baranidharan, learned Additional

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Government Pleader appearing for respondents 5 and 6.

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3. This writ petition has been filed by the hereditary trustee and others

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with a grievance that the fifth respondent is attempting to put up a structure

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in a place that is utilized by the temple for conducting festivals. The specific

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17425 of 2023

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case of the petitioners is that there was already an existing school comprised

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in old Survey No.225/9, new Survey No.256/2. This school building become dilapidated and hence, steps were taken by the fifth respondent to reconstruct the school. While doing so, according to petitioners, the fifth respondent was attempting to encroach upon the place earmarked for conducting festival by the temple. Hence, a representation was given to the fifth respondent on 17.02.2023 in this regard. Since the same did not evoke any response, this writ petition has been filed before this Court seeking for appropriate directions.

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4. Learned Additional Government Pleader appearing on behalf of

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respondents 5 and 6 produced the written instructions received from the fifth respondent. It is specifically stated in the written instructions that the school building is going to be constructed only in the place where the old building was in existence since the old building has become dilapidated and it is almost 70 years since that building was constructed. It is also specifically stated that there is no proposal to construct any building in Survey No.228/1.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17425 of 2023

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5. Learned Special Government Pleader appearing for respondents 1

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to 4 also produced the certificate given by the Village Administrative Officer in which it has been stated that the school was constructed in Survey No.256/2 with an extent of 600 sq.mtrs. and the said school building has become dilapidated and hence, steps were taken to demolish the building and construct a new building in the same place in which earlier school building was situated.

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6. It is apparent from the written instructions received from the respondents that the apprehension raised by the petitioners is unfounded and the grievance addressed by the petitioners has been sufficiently answered by the respondents. The petitioners cannot have any objection if the school building is constructed in the same place where the old school building was in existence.

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This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

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13.06.2023

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Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

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Writ Petition No.17425 of 2023

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N.ANAND VENKATESH, J

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1.The District Collector of Villupuram, Villupuram.

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2.The Revenue Divisional Officer, Villupuram.

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3.The Divisional Educational Officer, O/o.The Divisional Educational Officer, Vanur Village, Thiruchitrambalam P.O. 605 111. Vanur Taluk, Villupuram District.

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4.The Tahsildar, Vanur Taluk, Vanur, Villupuram Distirct.

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5.The Block Development Officer, Vanur, Villupuram District.

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6.The President, Vilvanatham Panchayat Union, Vilvanatham Village, Kazhuperumbakkam Post, Vanur Taluk, Villupuram District.

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Writ Petition No.17425 of 2023

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13.06.2023

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https://www.mhc.tn.gov.in/judis

Palani Mudaliar v. Teh District Colelctor of Villupuram

Case brief

What is this about?

What did the court decide?

Palani Mudaliar v. Teh District Colelctor of Villupuram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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