S.Natarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. DHANABAL W.P.No.8054 of 2019 and WMP No.8656 of 2019 S.Natarajan ... Petitioner Vs.
1. The District Collector, Sathuvachari, Vellore.
2. The Sub Collector/Revenue Divisional Officer, Tirupattur, Vellore District.
3. The Block Development Officer, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
4. The Executive Officer of the Village Panchayat, Ambalur Village Panchayat, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
5. Deputy Director (Planning), Vellore.
6. Rajini Kumar ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 to 5 to take action on the representation dated 29.11.2017 and demolish the unauthorized construction in old survey No.159/1, New survey No.159/1B, Ambalur Village, Vaniyambadi Taluk, Vellore.
For Petitioner : Mr.B.Ravi For Respondents : Mr.E.Vijay Anand, Addl.Govt.Pleader for R1 to R5
ORDER
(Order of the Court was delivered by D.KRISHNAKUMAR, J.) This writ petition has been filed to direct respondents 3 to 5 to take action on the representation of the petitioner dated 29.11.2017 and demolish the unauthorized construction in old survey No.159/1, New survey No.159/1B, Ambalur Village, Vaniyambadi Taluk, Vellore put up by the sixth respondent.
2. According to the petitioner, with regard to the property in question, a revision petition in CRP No.2017/2015 is pending before this Court,
which was filed by the mother of the petitioner, in which interim injunction has been granted restraining the respondents from alienating the properties. However, the 6th respondent, violating the afore said injunction order, has trespassed into the property in question and put up construction in the unapproved lay out, without getting any approval from the concerned Panchayat. Though the petitioner has given several representations to the authorities concerned, no action has been taken. Hence the writ petition.
3. The learned Additional Government Pleader, on instructions, submitted that the authorities concerned have not given any order of approval for the subject matter of the lay out and also they have not given any permission for electricity and water connection to the properties in question.
4. Inview of the above submission, we direct the fourth respondent to consider the representation of the petitioner dated 29.11.2017, on its own merits, after giving notice to the parties concerned, who have constructed the building in the unapproved lay out, without getting permission from the
authorities concerned and pass orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (D.K.K.J.) (P.D.B.J.) 26.06.2023 Internet: Yes/No Index : Yes/No mst To
1. The District Collector, Sathuvachari, Vellore.
2. The Sub Collector/Revenue Divisional Officer, Tirupattur, Vellore District.
3. The Block Development Officer, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
4. The Executive Officer of the Village Panchayat, Ambalur Village Panchayat, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
5. Deputy Director (Planning), Vellore.
D.KRISHNAKUMAR, J.
and P. DHANABAL, J.
mst 26.06.2023