G NAVAS ALI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) (W.P. No.24292 of 2005 is filed under Article 226 of the Constitution of India, praying to issue a writ of certiorari, to call for the records of the first respondent in his proceedings Na.Ka.No.585/2005/T dated 22.6.2005 and quash the same and W.P. No.12852 of 2007 is filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus, to call for the records of the third respondent in Roc.No.8452/2005/A3 dated 24.2.2006, quash the same and consequently direct respondents 1 and 2 to cancel the resolution No.6(37) dated 10.6.2004.) Common Order These writ petitions have been brought forth by the petitioners with the following prayer:-

(2.) AFFIDAVITS filed in support of the writ petitions are perused. The Court heard the learned counsel appearing on either side.

(3.) LEARNED counsel appearing for the petitioner in W.P. No.24292 of 2005 would submit that the land measuring 3 acres and 16 cents in survey No.13/1 part, in respect of which alienation was sanctioned by Board of Revenue in favour of Salem Taluk Board with conditions imposed therein, was used for the purpose of weekly sandai only and there is no other purpose for which alienation was made. According to him, though it is true that a resolution was passed on 10.6.2004, the same was passed without considering the objections raised by the councilors. He would also submit that once there was no bus stand for the past nearly about 85 years, there is no need for taking part of the land for the purpose of constructing a bus stand.