A K SOMASUNDARAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONER, claiming himself as resident of Devakottai Town and a tax payer to the fourth respondent Municipality, has preferred the above public interest litigation praying for issuance of writ of certiorarified mandamus by calling for the records relating to the resolution No. 90, dated 13-7-2004, passed by the Municipal Council of the fourth respondent Municipality and quash the same and consequently forbear the fourth respondent Municipality from in any manner putting up construction for the Municipal Middle School at ward No. 14, East Street, Lakshmipuram, Devakottai Town, Sivaganga district.

(2.) MR. C. Selvaraj, learned Additional Government Pleader, took notice on behalf of the respondents, including the fourth respondent municipality also.

(3.) BY Resolution No. 90, dated 13-7-2004 the 4th respondent municipal Council, the fourth respondent Municipality proposed to construct a building to house the Municipal Middle School, which is presently located in a private rental building in Ward No. 14, as the present school building is to be handed over to its owner for his own occupation as directed by the Rent Controlling Authority. The Municipal council, therefore, resolved to put up a building for the said Middle school in about three cents of land owned by the Municipality themselves, adjacent to the well located in the East Street of lakshmipuram.