R. EAKAMPARAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The town of Karur, which started developing fast in the past about 3 decades, as an industrial hub, for the manufacture and export of garments, has a central bus-stand, that was established a long time ago, with a parking facility only for about 55 buses. Therefore, from the 1990s, there was a huge demand for the establishment of a new bus-stand. When the public started mounting pressure on the authorities for the establishment of a new bus-stand, the District Collector, Karur, sent a proposal, dated 28.01.2006, indicating that the lands available at three places, namely Sanappiratti Village, Athur Village and Thoranakalpatti Village, were examined and that the land of a total extent of Acres 8.01 in Thoranakalpatti Village, Thanthoni III-Grade Municipality, offered by the villagers free of cost for the construction of the bus-stand is suitable and that the Thanthoni III-Grade Municipality had also passed a resolution approving the location of the bus-stand in Thoranakalpatti village. But, the recommendation of the District Collector was rejected by the elected council of Karur Municipality, by a resolution bearing No. 32, dated 31.01.2006. Therefore, the Government requested the Municipal commissioner of Karur to find out a new place and put up a proposal before the Municipal Council. In order to carry out the directives of the Government, the Municipal Commissioner of Karur first sent a communication to the Project Director of the National Highways Authority of India, on 27.01.2009, requesting him to send the Road Map for the National Highway that was coming up in Trichy-Coimbatore by-pass road, passing through Thanthoni Revenue Village, Achimangalam Revenue Village and Thoranakalpatti Revenue Village.

(2.) In the meantime, two Ward Councillors of Karur Municipality brought independent resolutions before the Karur Municipal Council on 29.01.2009. The proposal brought forth by one Ward Councillor by name R. Prabhu was for the location of the bus-stand in the land of an extent of 17 acres, situate at Sukkaliyoor Village. This land was actually a Government poramboke land. The other proposal was brought up by another Ward Councillor by name N. Maniraj, for the location of the bus-stand in a land belonging to a temple by name Shri Bala Thandayuthapani Temple, Thanimalai, Athur Village.

(3.) The proposal brought up by R. Prabhu received the support of the majority and a resolution was passed accepting his proposal.