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2009 DIGILAW 5598 (MAD)

K. Ravi v. The Chief Secretary to Government Secretariat Chennai & Others

2009-12-15

M.CHOCKALINGAM, V.PERIYA KARUPPIAH

body2009
Judgment M. Chockalingam, J. This writ petition on the caption "Public Interest Litigation" was brought by the petitioner seeking a writ of mandamus to forbear the respondents 7 and 9 from allotting the Lotus Tank Lands bearing Survey No.179/3-6, ad-measuring 7 acres of Chinnakavanam Sivan Temple of Ponneri Taluk of Thiruvallur District for the purpose of construction of any superstructure by the 5th respondent. 2. The Court heard the learned Counsel for the petitioner and also the learned Special Government Pleader. 3. The grievance ventilated by the petitioner is that the Lotus Tank Land which is situated nearby the temple ad-measuring 7 acres, is being taken by the Government pursuant to a proposal, for allotment to the Fire Service Department and also for construction of quarters; that the said tank is being used by the villagers for religious purposes and also for several other purposes; that under such circumstances, if the same is allowed, it would be against the public interest, and hence the so-called construction should not be allowed to be done, and with that object, this petition has been brought forth. 4. Now it is brought to the notice of the Court by the learned Special Government Pleader that originally the Government intended to construct the quarters for the fire service department in the alleged land situated at Ponneri; that now an Advocate Commissioner was appointed by the Court, and a report has been received; that on perusal of the report, now the State has taken a stand to construct the quarters at Sriperumpudur, and under the circumstances, the Government is not inclined or intending to take the land which is in question. 5. The statement made by the learned Special Government Pleader is recorded. Under the circumstances, no question of consideration of the request of the petitioner for granting a writ on the guise that the said 7 acres of land is likely to be taken by the Government for construction of quarters, would arise. Accordingly, this writ petition is disposed of. No costs. Consequently, connected MP is closed.