Writ petition sought restraint on construction of a public toilet near a worshipped tree and drinking water tank in a village. With 80% work complete, the court disposed the matter by directing a tin-sheet partition maintaining 15 feet distance, cleanliness, protection of the ambience and no felling of the tree.
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W.P(MD)No.722 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.722 of 2023
M.Mani
... Petitioner
Vs.
Melur Taluk, Madurai District.
5.Kalaimathi ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the Respondents No. 1 to 4 from constructing public toilet in southern side in S.No. 258/12B2, Kottanipatti, Uranganpatti Village, Melur Taluk, Madurai District allotted for
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W.P(MD)No.722 of 2023
communal purpose and where a temple and drinking water tank is also located.
For Petitioner : Mr.M.Mahaboob Fazil
For Respondents : Mr.D.Sasikumar Additional Government Pleader for R1 & R2
: Mr.S.Kameshwaran Government Advocate for R3 & R4
: Mr.R.J.Karthick for R5
ORDER
This writ petition was filed to forbear the respondents from constructing
the public toilet in the petition mentioned site. The stand of the petitioner's counsel is that the toilet is to come up near a tree that is being worshipped by the members of the locality and also the water tank.
interim injunction was granted. To vacate the same, W.M.P.(MD)No.13093 of 2024 has been filed.
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W.P(MD)No.722 of 2023
by the official respondents that an appropriate partition will be created. It is further stated that the partition will come up at the site where the toilet is under construction so that this 15 feet distance is maintained. The partition will be of tin sheet and it will be having a height of not less than 10 X 10 feet. The toilet has to be maintained with utmost cleanliness. Ambience around the tree should not be spoiled at any cost. Tree also should not be cut down for any reason. This direction now issued will be continuing in the nature of mandamus.
22.07.2024
NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi
To
1.The District Collector, O/o.The District Collector, Madurai District.
2.The Tahsildar, Melur Taluk, Madurai District.
G.R.SWAMINATHAN, J.
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W.P(MD)No.722 of 2023
rmi
4.The Panchayat President, Uranganpatti Panchayat, Melur Taluk, Madurai District.
W.P(MD)No.722 of 2023
22.07.2024
2 issues framed by the court
Should respondents 1 to 4 be restrained from constructing a public toilet on communal land near a worshipped tree and water tank?
What conditions should govern completion and maintenance of the toilet to protect the sacred site?
1 provisions across 1 enactments
M.Mani
The District Collector, O/o.The District Collector, Madurai District
The Tahsildar, Melur Taluk, Madurai District
The Block Development Officer (Village Panchayat), Block Development Office, Melur Taluk, Madurai District
The Panchayat President, Uranganpatti Panchayat, Melur Taluk, Madurai District
Kalaimathi
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
