Madras High Court
S.Joseph vs The District Collector on 4 August, 2021
W.P.No.14455/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM:
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
W.P. No. 14455 of 2021
and WMP No.15340/2021
S.Joseph ... Petitioner
Vs.
1.The District Collector,
Master Plan Complex NH 205
Chennai – Tiruttani Highway
Tiruvallur 602 001
2.The Assistant Director of Village Panchayat,
Tiruvallur 602 001.
3.The Block Development Officer (Regular)
Poonamallee Block,
Tiruvallur District.
4.The Block Development Officer (Scheme)
Poonamallee Block
Tiruvallur District.
5.The President,
Nemilicheri Village Panchayat,
Thiruninravur ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, to forbear the respondents from constructing
the overhead water tank on the playground of the Government Higher
1/7
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W.P.No.14455/2021
Secondary School Nemilicheri.
For Petitioner : Mr.D.Venkatachalam
For Respondents : Mr.A.Selvendran for R1 to R3
Government Advocate
Mr.V.Veluchamy for R4 & R5
ORDER
This writ petition has been filed for the issue of a writ of mandamus
forbearing the respondents from constructing the overhead water tank on the
playground of the Government Higher Secondary School, Nemilicheri.
2.The petitioner is the elected ward member of Nemilicheri Village
Panchayat. The Central Government has formulated a scheme named as Jal
Jeevan Mission for providing piped drinking water to all rural households.
Under this scheme, an overhead water tank was allotted to the Village
Panchayat.
3.The grievance of the petitioner is that three places were identified
for the purpose of constructing an overhead water tank and instead of putting
up the water tank in any of these places, the respondents decided to construct
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W.P.No.14455/2021
the overhead water tank in the playground of the Government Higher
Secondary School. Aggrieved by the same, the present writ petition has been
filed before this Court.
4. The fourth respondent has filed a counter affidavit. The relevant
portions in the counter affidavit are extracted hereunder:
“10.I respectfully submit that the Adangal Extract
issued by the Village Administrative Officer No.2,
Nemilicheri village, Avadi Taluk clearly indicate that the
land where the construction is commenced in a land
classified as Meikal poramboke belonged to the
Government. The adangal extract clearly distinguishes the
land meant for Community hall, Library Building as well as
the school building. Thus, the construction has no nexus to
the school building and it is being constructed in a separate
land. Therefore, the apprehension of the petitioner has to
be allayed. In any event, when the District Collector has
accorded administrative sanction in his proceedings dated
13.01.2021, the petitioner is not entitled to maintain this
writ petition for issuance of a writ of mandamus. The
contentions raised by the petitioner as if the construction is
being constructed without any administrative sanction by
the District Collector is therefore, liable to be rejected.
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W.P.No.14455/2021
11. I humbly submit that the overhead water tank
will immensely benefit the adjacent villagers. This
construction is being undertaken under the JJM scheme
mooted by the Central Government to put an end to water
crisis faced by the villagers. This is a public project
intended to benefit the villagers at large and the petitioner
has no locus standi to file this writ petition and to stall the
public project. The representations sent by the petitioner to
the official respondents cannot be considered inasmuch as
the project has already commenced pursuant to the
resolution passed by the Village Panchayat and the
subsequent administrative sanction accorded by the District
Collector, Thiruvallur on 13.01.2021. In such view of the
matter, it is most humbly prayed by this respondent that the
writ petition has been filed without any valid reasons. The
apprehension of the petitioner has no basis and therefore,
the writ petition has to be dismissed.”
5. Heard the learned counsel for the petitioner, learned Government
Advocate for the respondents 1 to 3 and the learned counsel for the respondents
4 and 5.
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W.P.No.14455/2021
6. The learned counsel appearing on behalf of the fourth and fifth
respondents submitted that the places that were identified for the construction
of the overhead water tank was not suitable to put up the construction. It was
further submitted that the overhead tank is now being constructed in a land
classified as Meikkal poramboke and this land has absolutely nothing to do
with the school and the playground. In order to substantiate the said
submission, the learned counsel also placed reliance upon the letter issued by
the Headmaster of the school dated 19.07.2021, wherein, the Headmaster has
specifically stated that the overhead tank is not being constructed inside the
school premises. It was also further brought to the notice of this Court that the
construction has already commenced and it is a public project intended to
benefit the villagers and there is absolutely no ground to entertain this writ
petition.
7. In the considered view of this Court, the construction of the
overhead tank is now carried out in a poramboke land belonging to the
Government and a specific stand has been taken to the effect that this land does
not fall within the school premises. Even the Headmaster of the school has
given a letter to that effect. Choice of place to construct an overhead tank is an
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W.P.No.14455/2021
administrative decision and this Court cannot sit on judgment over such
administrative decisions. This Court does not find any ground to interfere with
the construction of the overhead tank in the Meikkal poramboke that has been
identified by the 4th and 5th respondents and the construction can go on and
ultimately the same should benefit the persons in and around the locality.
8. In the result, the writ petition is dismissed. No costs.
Consequently connected Miscellaneous Petition is closed.
04.08.2021
Index : Yes/No
Speaking Order/Non-speaking Order
RR
To
1.The District Collector,
Master Plan Complex NH 205
Chennai – Tiruttani Highway
Tiruvallur 602 001
2.The Assistant Director of Village Panchayat,
Tiruvallur 602 001.
3.The Block Development Officer (Regular)
Poonamallee Block,
Tiruvallur District.
4.The Block Development Officer (Scheme)
Poonamallee Block
Tiruvallur District.
https://www.mhc.tn.gov.in/judis/
W.P.No.14455/2021
N.ANAND VENKATESH, J.
RR
W.P.No.14455 of 2021
04.08.2021
https://www.mhc.tn.gov.in/judis/
