Raj.S v. The District Collector

O R D E R

The writ petition has been filed in the nature of a mandamus seeking a direction to the third and fourth respondents, Block Development Officer, Vasudevanallur Panchayat Union and the President, Nelkattumseval Village Panchayat, both at Tenkasi District, to construct a community hall in Government Natham Poromboke in Survey No.761/4 and 762/1 at Paraipatti Village under Sivagiri Taluk in Tenkasi District.

¶2In the affidavit filed in support of the writ petition, the petitioner had stated that in the aforementioned village, there are more than 200 families and the Government Natham land aforementioned is lying vacant and therefore, the petitioner had given a representation that a community hall can be built in that particular place.

3.However, the learned Special Government Pleader who had taken notice on behalf of the 1 and 2 respondents stated that construction of such community hall which is a policy decision of the Government and also stated that a multipurpose hall alone is now built called 'gy;nehf;F ikak;' and not a community hall. Even otherwise, the funds must be sanctioned for construction of such building.

¶4Learned counsel for the 3 and 4 respondents stated that the funds will have to be provided by the Member of Parliament of the Union Government. These are all the issue which requires detailed examination and this Court cannot issue a mandamus directing a policy decision to be taken by any of the respondent.

¶5The Writ Petition therefore, stands dismissed. No costs.

08.06.2023 Index: Yes/No Internet: Yes/No pnn To

1.The District Collector, Office of the District Collector, Tenkasi District.

2.The Tahsildar, Office of the Tahsildar, Sivagiri Taluk, Tenkasi District.

3.The Block Development Officer, Office of the Block Development Officer, Vasudevanallur Panchayat Union, Tenkasi District.

4.The President, Nelkattumseval Village Panchayat, Tenkasi District.

C.V. KARTHIKEYAN, J. pnn

08.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023 CORAM: THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN S.Raj ... Petitioner Vs. 1.The District Collector, Office of the District Collector, Tenkasi District. 2.The Tahsildar, Office of the Tahsildar, Sivagiri Taluk, Tenkasi District. 3.The Block Development Officer, Office of the Block Development Officer, Vasudevanallur Panchayat Union, Tenkasi District. 4.The President, Nelkattumseval Village Panchayat, Tenkasi District. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to construct a community hall in Government Natham Poramboke comprised in Survey Nos.761/4 and 762/1 situating at Paraipatti Village under Sivagiri Taluk in Tenkasi District within the time stipulated by this Court. For Petitioner : Mr.N.Senthilnathan For Respondents : Mr.D.Farjana Ghousia Special Government Pleader for R1 and R2 Mr.S.Kameswaran Government Advocate for R3 and R4