LAWS(MAD)-2008-6-546

G VISHVA BAHARATHI Vs. DISTRICT COLLECTOR MADURAI &

Decided On June 09, 2008
G. VISHVA BAHARATHI Appellant
V/S
DISTRICT COLLECTOR, MADURAI AND Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner as well as the learned counsel for the respondents.

(2.) THIS Writ Petition is filed for forbearing the 2nd respondent namely, the President, Thenur Panchayat, from putting up any construction at the entrance of S.No.146/3B3 in the High Ways Road margin on the southern side of Thenur I Bit, Madurai North Taluk and preventing petitioner's access to his property comprised in S.No.146/3B3 Thenur I Bit, Madurai North Taluk.

(3.) ON the other hand, the learned counsel for the second respondent would submit that the proposal of the second respondent to construct a library is in no way near or connected with the petitioner's property and the learned counsel also would submit that the property of the petitioner is far away namely, more than 150 feet beyond the place where the proposed library is to be put up. He would also submit that absolutely there is no hindrance to the petitioner in enjoying his property at all and therefore, the petitioner cannot request for an injunction against the second respondent, who is the public authority, to put up the proposed library, which is for a public purpose.