Murugesan a v. The District Collector
Case brief
What is this about?
Relocation of public toilet encroaching on private patta land; writ of mandamus under Article 226; Madurai Bench of Madras High Court; petitioner A.Murugesan; Survey No.842/2 Vegupatti/Vegapatti Village, Ponnamaravathi Taluk, Pudukkottai District; sale deed dated 19.06.2023; earlier suit for mandatory injunction referred to Lok Adalat with petitioner's undertaking not to interfere; balancing proprietary rights with public interest; respondents' status report estimating Rs.5,90,000/- for demolition and alternate-site construction; petitioner directed to contribute/deposit Rs.5,00,000/- with Respondent Nos.2 and 3 within four weeks; demolition at petitioner's own cost; funds earmarked exclusively for a public toilet for women at a nearby suitable site; post-demolition unobstructed enjoyment of property; petition disposed with directions, no costs.
What did the court decide?
Writ petition disposed of with directions: petitioner to deposit Rs.5,00,000/- with Respondent Nos.2 and 3 within four weeks; upon deposit, he may demolish the existing public toilet on his patta land at his own cost; the deposit to be used exclusively for constructing a public toilet for women at a nearby suitable location; thereafter the petitioner may enjoy the property free from obstruction. No order as to costs; connected miscellaneous petition, if any, closed.