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2011 Supreme(Mad) 1728

M.Y.EQBAL, T.S.SIVAGNANAM
S. Venkatesan – Appellant
Versus
Government of Tamil Nadu Rep. by its Secretary Municipal Administration and Water Supply Department – Respondent


Advocates Appeared:
For the Petitioner:Ms.R. Vaigai for Balan Haridas, Advocates.
For the Respondents:R1 & R2 - P.S. Raman Advocate General assisted by J. Rajakalifulla, G.P., R3 - P. Srinivas, R4 - R. Raman Lal, Advocates.

Judgment :-

CHIEF JUSTICE & T.S. SIVAGNANAM, J.

1. By way of this Public Interest Litigation, the petitioner has prayed for issuance of a writ of Certiorarified Mandamus to quash the Government order in G.O.Ms.No.191, Municipal Administration and Water Supply Department, dated 12.10.2009 and for a direction upon the respondents to establish the Tindivanam bus stand in a place other than survey No.33/4 and 36/5, which is part of Tindivanam eri.

2(i).The petitioner is a resident of Tindivanam and he was born and brought up at Tindivanam and the primary objection raised in this writ petition is regarding the location of the proposed new bus stand at Tindivanam in R.S.No.33/4 and 36/5 measuring an extent of 6 acres, which is classified as Eri.

2(ii) The Case of the petitioner could be summarized as follows:-

The third respondent Municipality made a request on 27.11.1991 to the Government to grant permission to them to enter upon the land comprised in R.S.No.33/4 & 36/5, measuring an extent about 6 acres for the purpose of construction for a new bus stand, pending finalization of the alienation of the land. After a period of more than seven years, the respondent Municipality passed a r


























































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