Disposed

A.Meshak v. The District Collector

Madras HC29 Aug 2024WP/4907/2023

Case brief

AI extract

What is this about?

Writ petition sought completion of a playground on land already assigned as free house site pattas. The court declined the prayer but directed the District Collector to consider identifying alternative land for a sports centre upon receipt of representation.

What did the court decide?

No playground construction directed; District Collector directed to consider alternate land for sports centre within 12 weeks of representation.

A.Meshak Vs The District Collector — Municipal and Town Planning | Madras HC (2024)

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W.P.No.4907 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.08.2024

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CORAM :

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THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.B.BALAJI

W.P.No.4907 of 2023

A.Meshak

.. Petitioner

The District Collector Vellore District, Vellore.

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The District Revenue Officer, Vellore District, Vellore.

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The Revenue Divisional Officer, Gudiyattam, Vellore District.

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The Tahsildar, Gudiyattam Taluk, Vellore District.

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The Block development Officer, Gudiyattam Block, Vellore District.

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The Panchayat President, Paradarami Village Panchayat, Gudiyattam Taluk, Vellore District.

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Soundhari

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Gomathi

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Kumudha

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10.Selvi

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11.Karpagam

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___________ Page 1 of 6_

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

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14.Kalaivani

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W.P.No.4907 of 2023

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12.Nagammal 13.Kanthammal 14.Kalaivani 15.Anima 16.Janaki 17.Sujatha 18.Anitha .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to implement the order of the 5th Respondent herein in his proceedings namely Na.ka. AA2/3034/2019 dated 6.12.2019 and complete the construction of playground in the land comprised in S.No.101/1A admeasuring to an extent of 1.2 Acres situated at Indira Nagar, Paradarami Village, Gudiyattam Taluk, Vellore District based on the representation of petitioner dated 10.11.2020.

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For the Petitioner : Mr.G.Vinodhkumar For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 6 : Mr.S.Raja Ravi Varma for 18^th respondent : No appearance for respondents 7 to 17

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ORDER

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(Order of the Court was made by the Hon'ble Acting Chief Justice)

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This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 5 to implement the

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Page 2 of 6

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

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W.P.No.4907 of 2023

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order of the fifth respondent dated 26.12.2019 and to complete the construction of a playground in the land comprised in Survey No.101/1A admeasuring an extent of 1.2 acres situated at Indira Nagar, Paradarami Village, Gudiyattam Taluk, Vellore District based on the representation of the petitioner dated 10.11.2020.

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Today, when the writ petition is taken up for hearing, learned State Government Pleader, on instructions, submitted that the land in question has already been acquired for the purpose of providing free house site pattas to the landless poor and, in fact, pattas have been granted to the beneficiaries way back in 2018. While so, contrary to the said Scheme, the fifth respondent-Block Development Officer has issued an order dated 26.12.2019 converting the land in question as a playground to form Volley Ball Court, Kabadi Court and Ball Badminton Court under Mahatma Gandhi National Rural Employment Guarantee Scheme.

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Since the land in question has already been acquired for

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providing free house site pattas have already been granted to the

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Page 3 of 6

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

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W.P.No.4907 of 2023

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beneficiaries and now the beneficiaries are in possession of the same, the direction as prayed for by the petitioner cannot be issued. However, we make it clear that the District Collector, Vellore, shall identify an alternative land for forming a Sports Centre for youngsters in the village. For the said purpose, we direct either the petitioner or the fifth respondent-Block Development Officer to submit a representation to the District Collector. Upon receipt of such representation, the District Collector is directed to consider the same and pass orders within a period of twelve weeks thereafter.

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With the above observation, the writ petition stands disposed

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of. There shall be no order as to costs. Consequently, W.M.P.No.4922 of 2023 is closed.

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(D.K.K., ACJ.) (P.B.B, J.) 29.08.2024 Index : Yes/No NC : Yes/No bbr

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___________ Page 4 of 6_

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

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W.P.No.4907 of 2023

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To:

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The District Collector Vellore District, Vellore.

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The District Revenue Officer, Vellore District, Vellore.

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The Revenue Divisional Officer, Gudiyattam, Vellore District.

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The Tahsildar, Gudiyattam Taluk, Vellore District.

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The Block development Officer, Gudiyattam Block, Vellore District.

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The Panchayat President, Paradarami Village Panchayat, Gudiyattam Taluk, Vellore District.

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Page 5 of 6

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

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W.P.No.4907 of 2023

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THE HON'BLE ACTING CHIEF JUSTICE

AND P.B.BALAJI, J.

bbr

W.P.No.4907 of 2023

29.08.2024

___________ Page 6 of 6_

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

A.Meshak v. The District Collector

Case brief

What is this about?

What did the court decide?

A.Meshak v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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