Resident sought mandamus to restore a school playground land by erecting a fence per a Block Development Officer's communication. The court declined to direct restoration itself, disposed of the petition permitting a fresh representation, with respondents to consider it within three months after hearing interested persons.
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W.P.(MD).No.26742 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD).No.26742 of 2024
Sahabudeen
... Petitioner
Vs.
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W.P.(MD).No.26742 of 2024
PRAYER:
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to restore the playground by erecting fence around the land in Survey Nos.313/23 and 314 situated at Thimminayakkanpatty Village, Pottipuram Panchayat, Uthamapalayam Taluk, Theni District by complying the 3rd respondent's communication in Na.Ka. No.2124/2017/T2 dated 30.09.2024.
For Petitioner : Mr.J.Pandi Dorai For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The present Writ Petition is filed for Mandamus to direct the respondents to restore the playground by erecting fence around the land in Survey Nos.313/23 and 314 situated at Thimminayakkanpatty Village, Pottipuram Panchayat, Uthamapalayam Taluk, Theni District by complying with the communication of the third respondent in Na.Ka.No.2124/2017/T2 dated 30.09.2024.
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W.P.(MD).No.26742 of 2024
is the resident of Thimminayakkanpatty Village, Pottipuram Panchayat, Uthamapalayam Taluk, Theni District. Few years ago, the fourth respondent ran a Panchayat Union Primary School in the lands measuring 3 cents in Survey Nos.313/23 and 314. Though the School is not functioning now, the students are using the said land as school playground. While so, some private individuals attempted to encroach the school playground by erecting flag poles, which resulted in dispute between two communities and a peace committee meeting was conducted before the Inspector of Police on 17.06.2023, wherein, both the parties agreed to remove the encroachments and erect fence around the land. Hence, the third respondent sent a communication to the fifth respondent on 30.09.2024 to take appropriate action in this regard. Despite the same, no action was taken by the fifth respondent, which prompted the petitioner to file the present Writ Petition before this Court.
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W.P.(MD).No.26742 of 2024
5. The Writ Petition is disposed of with the above direction. There shall be no order as to costs.
(M.S.R.,J.) (A.D.M.C.,J.) 29.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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W.P.(MD).No.26742 of 2024
To
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W.P.(MD).No.26742 of 2024
M.S.RAMESH,J. and A.D.MARIA CLETE,J.
Lm
W.P.(MD).No.26742 of 2024
29.11.2024
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1 issue framed by the court
Whether respondents must restore and fence the village school playground land in Survey Nos.313/23 and 314 by complying with the BDO's communication dated 30.09.2024.
1 provisions across 1 enactments
Sahabudeen
The District Collector, Collectorate, Theni District
The Revenue Divisional Officer, Uthamapalayam, Theni District
The Block Development Officer, Chinnamanur, Theni District
The District Educational Officer, Theni District
The President, Pottipuram Panchayat, Theni District
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
