G.Ramachandran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Ramchandran ..
Petitioner Vs.
1. The District Collector O/o. District Collector Myladuthurai District.
2. The Revenue Divisional Officer O/o. Revenue Division Office Mayladuthurai Revenue Division Mayladuthurai District.
3. The Tahsildar O/o.Tharangampadi Taluk Tharangampadi, Mayladuthurai District.
4. The Block Development Officer Sembanarkovil Union Sembanarkovil, Mayladuthurai District.
5. The Superintendent Town and Country Planning Nagapattinam and Mayladuthurai District.
6. Sri Shanmuga Desiga Gnanasambantha Paramachariya Swamigal Dharmapura Aadhina Thirumadam Thirukadiyur, Myladuthurai District.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 5 o inspect, survey the construction of the 6th respondent commercial complex in S.No.612/1 at South Street, Thirukadaiyur Village, Tharangampadi Taluk, Mayladuthurai District and remove the deviation construction of the 6th respondent inpersuant to petitioner representation dated 15.11.2023.
For the Petitioner : Mr.P.Muthamizhselvakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.P.Muthamizhselvakumar, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 5.
2. Learned counsel for the petitioner submits that the present petition is filed seeking a direction as against the authorities to inspect the construction carried out by the 6th respondent.
3. This Court on 13.09.2021 in W.P.No.19151 of 2021 has already passed an order, wherein, the Executive Officer of the Thirukkadaiyur Village Panchayat was directed to ensure that the construction of the building is strictly in conformity with the sanctioned plan. It has also been observed that it shall be incumbent upon the Competent Authority issuing 'Completion Certificate' to ensure that the building is constructed fully in accordance with the sanctioned plan.
4. If according to the petitioner the construction of the 6th respondent is not in conformity with the sanctioned plan, then the petitioner has a remedy in view of the order already passed in W.P.No.19151 of 2021.
5. In the light of that, the present writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.1379 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 23.01.2024 Index :
Yes/No :
Yes/No drm
To
1. The District Collector O/o. District Collector Myladuthurai District.
2. The Revenue Divisional Officer O/o. Revenue Division Office Mayladuthurai Revenue Division Mayladuthurai District.
3. The Tahsildar O/o.Tharangampadi Taluk Tharangampadi, Mayladuthurai District.
4. The Block Development Officer Sembanarkovil Union Sembanarkovil, Mayladuthurai District.
5. The Superintendent Town and Country Planning Nagapattinam and Mayladuthurai District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 23.01.2024