Madras High Court
S.R.Devendara Manickam vs The District Collector on 14 August, 2018
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14/8/2018
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.18338 of 2018
S.R.Devendara Manickam ... Petitioner
Vs
1. The District Collector
Erode District
Erode.
2. The Assistant Director (Union)
Rural Development
Erode
Erode District.
3. The Executive Officer
Sullipalayam Village
Perundurai Taluk
Erode District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to forbear the respondents from putting up the mandapam in the approved plan No.SLM/HSG59 situated at Sullipalayam Village, Perundurai Taluk, Erode District, by considering the representation dated 18/6/2018.
For petitioner ... Mr.A.Sundaravadhanan
For respondents ... Mr.T.N.Rajagopalan
Government Pleader
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O R D E R
(Order of the Court was made by S.MANIKUMAR, J) Petitioner, a legal practitioner and resident of Perundurai Taluk, Erode District, has sought for a writ of mandamus, forbearing the respondents from putting up a mandapam, in the approved plan No.SLM/HSG59, situated at Sullipalayam Village, Perundurai Taluk, Erode District, by considering the representation, dated 18/6/2018.
2. Supporting the prayer sought for, petitioner has contended that lands were purchased in the name of Perundurai Teachers and staff of Education Department Co-operative House Building Society Ltd. After purchase, Housing Society has approached the competent authority and got approval of the plan by forming separate layouts. As per the Government guidelines, the common area lands, viz., road, cross streets, land allotted to School and park were handed over to the local body, by the Housing Society. Opposite to the School, there was a park and play ground. Petitioner has contended that park has been used by the general public and playground has been used by the students. According to the petitioner, Executive Officer, Sullipalayam Village, Perundurai Taluk, Erode District, third respondent is planning to put up a Mandapam, in the area ear-marked for park and playground. Objecting to the same, members of housing and welfare society have made representations, . Further, apprehension of the petitioner is that if Mandapam is built in the play area and put to use, roads leading to the main road, being small, would result in affecting the general public living there, and that there is every possibility of road accident.
3. The petitioner has further contended that the lands given to the Executive Officer, Sullipalayam Village, Perundurai Taluk, Erode District, were classified for common use of the general public, which, as on date, being used as a playground and park, and the same cannot be converted as Mandapam and therefore, mandamus is sought for.
4. Record of proceeding shows that on 20/7/2018, notice has been ordered to the learned Additional Government Pleader.
5. Reverting, Mr.T.N.Rajagopalan, learned Government Pleader submitted that construction of thousand buildings, for Federation of Self-Help Groups, at a cost of Rs.60 lakhs, under MGNREGS, during the year 2017 -18, was announced by the then Hon'ble Chief Minister, on the floor of the Tamil Nadu Legislative Assembly, under Rule 110, on 3/7/2017. Accordingly, proceeding, dated 15/9/2017, was issued by the Director, Rural Development & Panchayat Raj, Chennai, to all the District Collectors/Chairmen, DRDA, all Districts. Proceeding, dated 15/9/2017, reads thus:-
"R.o.c.No.61627/MGNREGS-II-2 dated 15/9/2017 Sir/Madam I invite your attention to the reference cited.
The Honourable Chief Minister has made the following announcement on the floor of the Tamil Nadu Legislative Assembly under Rule 110 on 3/7/2017:
"As a measure to provide common infrastructure facilities to federation of Self Help Groups, in rural areas with the aim to provide proper capacity building, development of skill for sustained livelihood activities, to disseminate and share information to its members, to conduct meetings and training for the members, conduct exhibition and market SHG Products, it is proposed to construct 1000 Panchayat level federation buildings at an unit cost of Rs.60 lakhs at a total cost of Rs.600 crores.
In this regard, proposal for the construction of 1000 nos. of Buildings for Panchayat level federations at an unit cost of Rs.60.00 lakhs each at a total cost of Rs.600 crore under Mahatma Gandhi National Rural Employment Guarantee Scheme during the year 2017 - 18 has been sent to Government vide this office letter cited and orders are awaited.
The SHG Federation Building for Panchayat Level Federations will be helpful to conduct their general body, Executive Committee Meetings, and also use the building as a production centre cum Marketing Hub.
The unit cost of the Panchayat Level Federation Self Help Group building is Rs.60.00 lakhs with the following technical features:
. The proposed construction of Panchayat level federation of Self Help Group building comprises of Exhibition hall, Trainer Room, Office/Record Room at Ground Floor and Training/Production Hall along with Store rooms at first floor.
. The total area of the building is 4679 sq.ft and the proposed floor wise area details are as follows:-
*Ground Floor Area:2840 sq.ft * I Floor Area : 1108 Sq.ft * Toilet Block : 387 sq.ft * Portico 344 Sq.ft . Further, the building is provisioned with additional toilet facilities for Disabled persons along with ramp.
. The size of Exhibition Hall and Training/Production Hall are 12 m x 14 m and 12 m x 5.88 m respectively.
. Also, colour coated galvanized steel sheet roofing is provided for store rooms at first floor.
. A separate toilet block is provided at ground floor.
Hence, I request you to depute a team consisting of EE (RD)/AEE (RD)/BDO (VP) to select the Panchayats with respect to availability of poramboke/Panchayat land (without any dispute) within the village and maximum usage to conduct their general body, Executive Committee Meetings, and also use the building as a production centre cum Marketing Hub. The site identified shall be within the habitation and shall not be remote area and accessible for all people.
I also request you to send the selected panchayats fulfilling the above, in the format enclosed here with to this office before 25/9/2017.
6. Further, communication of the Director, Rural Development & Panchayat Raj, Panagal Maligai, Chennai, dated 21/11/2017, to the District Collector/Chairman, DRDA, all Districts (Except Coimbatore and Cuddalore), is also reproduced.
R.O.C.No.61627/2017/MGNREGS-II-2 Dated 21/11/2017 Sir/Madam, Sub: MGNREGS RD & PR Department Announcement made by Hon'ble Chief Minister on the Floor of the Assembly on 3/7/2017 Construction of 1000 buildings for Federation of Self Help Groups at unit Cost of Rs.60 lakhs under MGNREGS during the year 2017 18 Instruction issued regarding.
Ref: This Office letter No.61627/2017/MGNREGS II -2 dated 15/9/2017 and 12/10/2017
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I invite your attention to the references cited.
In this office letters cited, you have been requested to send the selected panchayats in the prescribed format for the construction of Buildings for Federation of Self Help Groups at an unit cost of Rs.60 lakhs under MGNREGS during the year 2017 18 before 25/9/2017.
But above report is not received from your end. Hence, I request you to send the report immediately.
For Director Rural Development and Panchayat Raj
7. District Development, Block Development Officer, Panchayat Union, has sent a letter, dated 7/2/2018, to the Project Director, District Rural Development Project Grade, seeking for a feasibility report, for constructing Self Help Groups Building. Rates for soil investigation have been received from the Department of Civil Engineering Coimbatore Institute of Technology, Coimbatore.
8. Administrative sanction, for construction of Self Help Groups Building, in Perundurai Taluk, has been accorded, by the District Collector/Chairman, DRDA, in R.C.No.1853/2017/A12, dated 19/2/2018. Accordingly, Professor, Department of Civil Engineering Coimbatore Institute of Technology, Coimbatore, has sent a soil test report, for the proposed SHG Federation Building, Perundurai Panchayat/Union, Erode District. Thereafter, decision taken to construct the said building, in S.No.125/1, 125/1B, Sullipalayam Village, Perundurai, at a cost of Rs.60 lakhs, has been communicated to the Principal CIT Engineering College, Coimbatore. Vide, letter, dated 2/3/2018, Soil Testing Report is sought for.
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9. Thereafter, vide letter, dated 2/3/2018, Block Development Officer, Panchayat Union, Perundurai Taluk, has requested the Principal CIT Engineering College, Coimbatore, to furnish the soil testing report.
10. Learned Additional Government Pleader further submitted that there are two parks in the said place, where construction is proposed.
11. Apprehending that the place used by the general public as park and play ground used by children and others would be converted as Mandapam and thus, the same would cause inconvenience to the general public living there, instant writ petition has been filed.
12. From the materials furnished by the learned Additional Government Pleader, it could be seen that apprehension of the writ petitioner that the place is sought to be converted as Mandapam is totally misconceived. In fact, for implementation of the announcement made by the then Hon'ble Chief Minister, on the floor of the Tamil Nadu Legislative Assembly, on 3/7/2017 that thousand buildings would be constructed, for the Federation of Self Help Groups, at a unit cost of Rs.60 lakhs, under MGNREGS, during the year 2017 18 and towards implementation of the said decision, instructions have been issued. Administrative sanction has also been accorded.
13. From the reading of the letter, dated 15/9/2017, it could be seen that announcement of the then Hon'ble Chief Minister, on the floor of the Tamil Nadu Legislative Assembly, was made under Rule 110, on 3/7/2017. It could further be deduced that the said construction, is estimated at a total cost of Rs.600 crores, under Mahatma Gandhi National Rural Employment Guarantee Scheme, during the year 2017 18. Government have also taken note of the fact that Self Help Group Federation Building for Panchayat Level Federations would be helpful, to conduct their general body, Executive Committee Meetings and also to use the building as a production centre-cum-marketing hub. Thus, the whole object of providing the Self Help Group Building in Panchayat appears to be on the basis of a policy decision of Government of India. Though the petitioner has contended that the land was earmarked, for playground and park, and need not be converted for any other purpose, perusal of the gift deed, dated 21/4/1993 shows that lands given to the Panchayat Union was to be used by the general public. There is no such restriction that lands gifted to the Panchayat should be used only for playground and park, and not for any other public purpose. On the contra, gift deed enables panchayat to use for any other public purpose.
14. In the light of the above discussion, we are of the view that no restriction can be placed on Sullipalayam Panchayat from using the land for any public purpose, which in the case on hand is meant for Self Help Group Federation. Ultimately, it is the decision of the Panchayat, to provide place for the Self Help Group, as per the statement of the then Hon'ble Chief Minister, towards implementation of the Central Government Scheme.
15. In the light of the above decision, the writ petition is dismissed. However, considering the grievance of the petitioner, Executive Officer, Sullipalayam Village, Perundurai Taluk, Erode, third respondent is directed to explore the possibility of providing sufficient place for playground also. No costs. Consequently, the connected Miscellaneous Petition is closed.
(S.M.K.,J) (S.P.,J) 14th August 2018 mvs.
Index : Yes Internet : Yes To
1. The District Collector Erode District Erode.
2. The Assistant Director (Union) Rural Development Erode Erode District.
3. The Executive Officer Sullipalayam Village Perundurai Taluk Erode District.
S.MANIKUMAR,J & SUBRAMONIUM PRASAD,J mvs.
W.P.No.18338 of 201814/8/2018