High CourtsDIVISION BENCH(2017) 01 MAD CK 0068

K.Vadivel vs The District Collector, Madurai District, & Ors.

Madras High Court · Decided on 30 January 2017

HON’BLE JUDGES
A.Selvam, P.Kalaiyarasan
RESULT
Allowed
CASE NUMBER
1410 of 2017 and W M P(MD)No 1155 of 2017

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Judgment

14 paragraphs · 259 words
1.

This writ petition has been filed under Article 226 of the Constitution of India praying to direct the first respondent not to convert the Oorani

mentioned in the petition as a play ground by the fifth respondent, by way of issuing a writ of mandamus.

2.

It is averred in the petition that in Thanakkankulam Village, Survey No.64/3 has been classified as Oorani and the fifth respondent has made

attempts to convert the same into play ground. Under the said circumstances, the present writ petition has been filed for getting the relief sought

therein.

3.

Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1 to 4. Considering the nature of the relief

sought in the writ petition, notice need not be sent to the fifth respondent.

4.

It is seen from the records that Survey No.64/3 has been classified as Oorani. The main gravamen expressed on the side of the petitioner is that

the fifth respondent has made attempts to convert the same into play ground.

5.

Considering the fact that Survey No.64/3 has been classified as Oorani, neither the first respondent nor the fifth respondent is entitled to convert

the same as play ground and therefore the relief sought in the writ petition can be granted.

6.

In fine, this writ petition is allowed without costs and the first respondent is strictly directed not to allow the fifth respondent to convert the

Oorani which is in existence in Survey No.64/3, Thanakkankulam Village as a play ground in future. Consequently, connected Miscellaneous

Petition is closed.