1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.863 of 2011 B.Stalin : Petitioner Vs. 1.The Secretary, Revenue Department, Secretariat, Chennai-9. 2.The District Collector, Madurai. 3.The District Librarian, District Library, Simmakkal, Madurai. 4.The Librarian, Melur Branch Library, Chekkadi, Melur, Madurai District. 5.The Tahsidlar, Melur Taluk, Melur, Madurai District. 6.The Commissioner, Melur Municipality, Melur, Madurai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to shift the Melur Branch Library, Madurai District, from the present dilapidated building to any new location. For Petitioner : Mr.M.Kannan For respondents : Mr.M.Rajarajan, Govt. Advocate. O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] The present writ petition is filed for issuing a writ of mandamus directing the respondents to shift Melur Branch Library, Madurai District, from the present dilapidated building to any new location. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The case of the petitioner, who is a resident of Ettimangalam Village in Melur Taluk and a practising lawyer before this Court, is that the Branch Library at Melur is situated in a rented building, which is a very old building, and is functioning from 14.03.1955. It is further stated that the building is in a very dilapidated condition, the roofs are leaking and water is seeping into the rooms, the pathway leading to the building is full of thorny bushes and broken building materials and the staircase leading to the library, which is situated in the first floor of the building, is broken and the supporting wall is also damaged. It is further stated in the affidavit, the library is having about 50000 books, with 5800 members, out of which about 4,200 members are visiting the library every month and 2500 members are given books on lending basis. The grievance of the petitioner is that due to the dilapidated condition of the building, it cannot be used by children, women, aged people and differently abled persons. The public visiting the library and other public spirted persons in the locality have already submitted several representations to the authorities to shift the library to a new and own building. It is the further grievance of the petitioner that because of the dilapidated nature of the building, the same is used by anti-social elements, as per a news item reported in Tamil Daily "Dinamalar", issue dated 24.01.2011. 3.When the matter was listed for admission, this Court ordered notice to the respondents. Today, the learned Government Advocate, on instruction from the 3rd respondent, submitted that steps are being taken to shift the building to a nearby place and now the 6th respondent Municipality has passed a Resolution to shift the library at Survey No.154/1, where vacant place is available to an extent of 22 cents and in the said place, earlier Panchayat Union building was located. The Resolution of the Municipality was also forwarded to the District Collector, Madurai District and the Tahsildar, Melur Taluk, and the same is pending on the file of the 2nd respondent, The same is stated by the 3rd respondent in his written instruction, dated 28.01.2011, given to the learned Special Government Pleader. 4.In view of the above stand of the 3rd respondent, this writ petition is disposed of giving direction to the 2nd respondent to consider the Resolution already passed by the 6th respondent Municipality for shifting the Library to Survey No.154/1, in an extent of 22 cents, and pass necessary orders within a period of four weeks from the date of receipt of a copy of this order. No costs. gb Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To: 1.The Secretary, Revenue Department, Secretariat, Chennai-9. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The District Collector, Madurai. 3.The District Librarian, District Library, Simmakkal, Madurai. 4.The Librarian, Melur Branch Library, Chekkadi, Melur, Madurai District. 5.The Tahsidlar, Melur Taluk, Melur, Madurai District. 6.The Commissioner, Melur Municipality, Melur, Madurai District. +1 cc to Mr.M.Kannan, Advocate SR.No.4658. ORDER IN WP(MD)No.863 of 2011 Dated:07.02.2011 3P/8C RPB 08.02.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/