N.THEIVENDRAN Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) The Revenue authorities notwithstanding the availability of sufficient vacant land in Aundipatti Town for construction of permanent building for the District Munsif and Judicial Magistrate Court, Aundipatti, allotted a rocky land in a village surrounded by the land of private developers, which is 9 km away from Aundipatti. Even according to the Public Works Department, only a portion of the allotted land is fit for construction of Court building and accommodation for judicial officers and another portion of land has to be cleared of rocks by spending considerable amount and the remaining to be kept as idle on account of its position as a rock of substantial nature. Even though the Panchayat passed multiple resolutions allotting the required land near the Aundipatti Bus Stand for construction of Court building, follow up action was not taken by the concerned. The High Court was kept in darkness about the identity of the land allotted by the Panchayat, which resulted in indicating in the file that the Panchayat has no land in its possession without referring the survey number of the land. The records produced before us clearly revealed the unsuitable nature of land allotted and its location, resulting in entertaining the writ petition.

(2.) The District Collector, Theni, allotted 2 acres of land, which is classified as rocky mount area in Survey No.932/4, S.S.Puram Village, Aundipatti Taluk for construction of Court Complex. The allotted land is a rocky terrain, which is about 9 kms away from Aundipatti town and not suitable for construction of Court Complex. The petitioner, who is a member of the Aundipatti Bar Association, has come up with this writ petition to direct the respondents to construct the Court building in the allotted land in S.No.672/2, Aundipatti Panchayat, taking into account the resolution passed by the local body to allot the said land for construction of Court Complex.

(3.) The District Munsif Court and the Judicial Magistrate Court at Aundipatti are presently functioning in a private rented building. The High Court directed the Principal District Judge, Theni to address the District Collector for allotment of suitable land for construction of the District Munsif and Judicial Magistrate Court at Aundipatti. The Public Works Department has shown the land in S.No.932/4, Shanmugasundarapuram Village as the only land available for construction of Court Complex. The Principal District Judge, inspected the land and thereafter, it was allotted by the District Collector. The land in Survey No.932/4 is admittedly 9 kms away from the Aundipatti Town.