P.Kathirvel, S/O.Perumal, Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

P.Kathirvel, S/O.Perumal, Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the respondents can be directed by writ of mandamus to make necessary efforts to form a park and playground on Survey Nos. 340/2 and 340/5 of Okkarai Village, Trichy District, by considering the petitioner's representation dated 09.01.2019.

Court's answer

The relief sought for in the writ petition has lost its relevance on account of efflux of time.

Ratio / Principle

This Court cannot direct the authorities concerned to take efforts to form parks and playgrounds; such works are to be made by following due procedures and considering various other factors.

Key takeaways

A citizen cannot seek a direction to form a park and playground at a particular survey number and place; such a claim cannot be considered the right of a citizen.ratio¶22
It is for the authorities concerned to choose the place for forming parks and playgrounds in the interest of the people residing in the locality; hence the relief sought in the present writ petition cannot be granted.ratio¶26

Detailed headnote1 paragraphs

Madurai Bench of the Madras High Court (Division Bench: S.M. Subramaniam and Dr. A.D. Maria Clete, JJ.; order made by S.M. Subramaniam, J.), W.P.(MD) No.1997 of 2019, decided 24.06.2025. Petitioner P. Kathirvel, invoking Article 226 of the Constitution of India, sought a writ of mandamus directing the District Collector (Trichy), Block Development Officer (Uppiliyapuram), Tahsildar (Thuraiyur Taluk) and Executive Officer, Okkarai Gram Panchayat (Trichy District) to make necessary efforts to form a park and playground for public use on barren vacant land in Survey No.340/2 (0.39.5 hectare) and Survey No.340/5 (0.62.50 hectare), Okkarai Village, Trichy District, by considering his representation dated 09.01.2019. Held: (i) the relief sought had lost relevance on account of efflux of time; (ii) the Court cannot direct the authorities to take efforts to form parks and playgrounds, which are to be made by following due procedures and considering various other factors; (iii) a citizen cannot seek, as a right, a direction to form a park and playground at a particular survey number and place; (iv) the choice of place rests with the authorities concerned in the interest of the people residing in the locality. Writ petition dismissed. No costs.

W.P.(MD) No.1997 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P.(MD) No.1997 of 2019

P.Kathirvel

... Petitioner

-vs-

1.The District Collector Trichy District, Trichy

2.The Block Development Officer Office of Block Development Office Uppiliyapuram Thuraiyur Taluk Trichy District

3.The Tahsildar Thuraiyur Taluk Trichy District

4.The Executive Officer Okkarai Gram Panchayat Thuraiyur Taluk Trichy District ... Respondents

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W.P.(MD) No.1997 of 2019

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to make necessary efforts to form park and play ground for the public use in the available barren vacant land in Survey No.340/2, an extent of 0.39.5 Hectare and Survey No.340/5 an extent of 0.62.50 Hectare of Okkarai Village in Trichy District, by considering petitioner's representation dated 09.01.2019.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.]

The relief sought for in this writ petition lost is relevance on account of efflux of time. Further, this Court cannot direct the authorities concerned to take efforts to form parks and playgrounds. They are all to be made by following due procedures and considering various other factors.

2. The petitioner cannot seek a direction to form park and playground in a particular survey number and place and the said claim

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W.P.(MD) No.1997 of 2019

cannot be considered as the right of a citizen. It is for the authorities concerned to choose the place for forming of parks and playgrounds in the interest of the people residing in the locality. Thus, the relief as such sought for in the present writ petition cannot be granted.

3. Accordingly, this writ petition is dismissed. No costs.

[S.M.S., J.] [A.D.M.C., J.]

24.06.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No

krk

To: 1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Office of Block Development Office, Uppiliyapuram, Thuraiyur Taluk, Trichy District.

3.The Tahsildar, Thuraiyur Taluk, Trichy District.

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W.P.(MD) No.1997 of 2019

4.The Executive Officer, Okkarai Gram Panchayat, Thuraiyur Taluk, Trichy District.

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W.P.(MD) No.1997 of 2019

S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J.

krk

W.P.(MD) No.1997 of 2019

24.06.2025

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