Jeyachandra Devar Vs. The District Collector, Madurai District and others

Jeyachandra Devar vs The District Collector, Madurai District and others

Type Court Judgment Court Chennai Madurai Decided Apr 29, 2016

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Citation: sooperkanoon.com/1190992
Court: Chennai Madurai High Court
Judge: S. Manikumar &Amp; S.S. Sundar
Decided On: Apr 29, 2016
Case Number: W.P.(MD)No. 1789 of 2015
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Jeyachandra Devar

Respondent

The District Collector, Madurai District and others

Excerpt

(prayer: the writ petition is filed under article 226 of constitution of india, praying for issuance of a writ of mandamus, directing the respondents 1 and 2 to use the vacant place situated in front of the thirumangalam bus-stand for bus passengers, general public and free flow of traffic instead of constructing shopping complex at there.)s.s. sundar, j. 1. this writ petition has been filed for issuance of a writ of mandamus, directing respondents 1 and 2, to use the vacant place situated in front of the thirumangalam bus-stand for bus passengers, general public and free flow of traffic, instead of constructing shopping complex at there. 2. we have already disposed of another writ petition in w.p.(md)no.9096 of 2015 with directions. the admitted fact is that new shops 18 in numbers are proposed to be constructed in the same place wherein 10 shops were in existence. since the building was in a dilapidated condition, thirumangalam municipality has passed a resolution, to demolish the existing building and to construct all the new shops, 18 in numbers, in the same place, to augment its income. we are not inclined to interfere with the policy decision of the localbody, especially, when the petitioner is not pointed out any valid reasons for preventing the construction of new shops to serve any public interest. in that view of the matter, the writ petition is dismissed. however, there is no order as to costs.

Full Judgment

(Prayer: The Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to use the vacant place situated in front of the Thirumangalam Bus-Stand for bus passengers, general public and free flow of traffic instead of constructing shopping complex at there.)

S.S. Sundar, J.

1. This Writ Petition has been filed for issuance of a Writ of Mandamus, directing respondents 1 and 2, to use the vacant place situated in front of the Thirumangalam Bus-stand for bus passengers, general public and free flow of traffic, instead of constructing shopping complex at there.

2. We have already disposed of another Writ Petition in W.P.(MD)No.9096 of 2015 with directions. The admitted fact is that new shops 18 in numbers are proposed to be constructed in the same place wherein 10 shops were in existence. Since the building was in a dilapidated condition, Thirumangalam Municipality has passed a Resolution, to demolish the existing building and to construct all the new shops, 18 in numbers, in the same place, to augment its income. We are not inclined to interfere with the policy decision of the localbody, especially, when the petitioner is not pointed out any valid reasons for preventing the construction of new shops to serve any public interest. In that view of the matter, the Writ Petition is dismissed. However, there is no order as to costs.

Same Court & Year Chennai Madurai · 2016 Same Parties Jeyachandra Devar vs The District Collector, Madurai District... Same Subject Land Acquisition Same Judge S. Manikumar &Amp; S.S. Sundar