SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(Mad) 994

High Court of Judicature at Madras
THE HONOURABLE CHIFE JUSTICE MR. MARKANDEY KATJU & THE HONOURABLE MR. JUSTICE F.M. IBRAHIM KALIFULLA
Retired Official Association & Others - Appellant
Versus
Sports Development Authority of Tamil Nadu & Others - Respondents
W. P. No.11700 and 11701 of 2005
Decided On : 04 July 2005

Advocates Appeared:For The Petitioners:N.L.Rajah, Advocate. For The Respondents: R1 to R4, V .Raghupathy, Govt. Pleader.

In case of violation of statutory rule or regulation writ can be issued only.

Headnote:Constitution of India (1950), Arts.226, 40, 243(W)-Writ petition for issuance of mandamus against the proposed construction of Hotel for back ward classes in a place earmarked for construction of stadium for sports in violation of the resolution adopted by sports. Development Authority-Held, writ cannot be issued as there is no violation of statutory rule or regulation.

Judgment :-

Markandey Katju, CJ.

Writ Petition No.11700 of 2005 has been filed with a prayer for mandamus forbearing the respondents or any person acting through or under them from putting up a hostel or any other structure in the land of 12 acres comprised in T.S.No.26, Block No.24, Ward No.D measuring 7.9660 sq. meters (20 acres) situated in the rear side of the building complex of the Namakkal Kavingar Ramalingam Government College of Arts for Women, Namakkal in violation of the resolutions and decisions of the first, third and fifth respondents.

2. Writ Petition No.11701 of 2005 has been filed with a prayer for mandamus directing the respondents to implement the Resolution passed as Agenda No.1 at the meeting of the Namakkal Unit of the Sports Development Authority of Tamil Nadu at the Namakkal Collectorate on 11.1.1999 and approved by order No. Na.Ka.42730/98/02 dated 21.1.2000 of the third respondent as confirmed by the Resolution No.55 dated 30.6.2003 passed by the fifth respondent for construction of an outdoor stadium in the land comprised in T.S.No.26 Block No.24 Ward No.D measuring 7.9660 sq. meters (20 acres) and 12 acres which is situated in the rear side of the building complex of the Namakkal Kavignar Ramalingam Government College of Arts for Women, Namakkal.

3. We have heard the learned counsel for the petitioners and find no merit in these writ petitions.

4. The first petitioner in both the writ petitions is an Association registered under the Societies Registration Act which claims to be working for the public welfare. It has formed the Namakkal Stadium Steering Committee with several other like minded bodies with the sole object of striving for the establishment of a stadium at Namakkal. The writ petitions have been filed as a Public Interest Litigation seeking a writ of mandamus directing the respondents to implement the orders passed by the respondents for establishment of a stadium and sports complex on the aforesaid land.

5. It appears that a resolution was passed as Agenda No.1 at the meeting of the Namakkal Unit of the Sports Development Authority of Tamil Nadu at the Namakkal Collectorate on 11.1.1999 and approved by order dated 21.1.2000 of the District Collector which was confirmed by the Resolution dated 30.6.2003 passed by the fifth respondent for construction of an outdoor stadium on the aforesaid land.

6. In paragraph 7 of the petitioner's affidavit it is stated that the District Collector, Namakkal wrote a letter dated 01.07.2004 to the Member Secretary, Sports Development Authority of Tamil Nadu and requested sanction and approval of the Sports Development Authority for construction of an outdoor stadium at the aforesaid site in Namakkal. In this communication, the District Collector highlighted the locational advantages if the stadium were to be constructed at the said site, and also suggested construction of a high rise compound wall to ensure the safety and privacy of the students of Namakkal Kavingar Ramalingam Government College of Arts for Women. The District Collector also wrote that the proposed stadium will be beneficial to the general public. The President of Namakkal Stadium Steering Committee by a representation dated 01.02.2004 had requested the Finance Minister, Tamil Nadu to sanction the proposal for construction of an outdoor stadium in the aforesaid site in Namakkal.

7. However, it is alleged in paragraph 11 of the petitioner's affidavit that when matters stood thus, it was brought to the notice of the petitioner that the fourth respondent/Government of Tamil Nadu was about to construct a hostel for backward classes in a portion of the land immediately abutting the main road in T.S.No.28, Block No.24, Ward No.D, situated at Namakkal which was earmarked and sanctioned by the District Collector for construction of an outdoor stadium in Namakkal. It is alleged that the proposal to construct the hostel for backward classes by the Government of Tamil Nadu is contrary to the resoluti




































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top