Kesava Naicker v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2019 CORAM :
The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.5746 of 2019 and W.M.P.No.6561 of 2019 Kesava Naicker .. Petitioner -vs1.District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram 605 602.
2.District Revenue Officer, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram 605 602.
3.Revenue Divisional Officer, Kallakurichi Taluk, Villupuram District.
4.Thasildar, Sankarapuram Taluk, Villupuram District.
5.Village Administrative Officer, A.Pandalam Village, Sankarapuram Taluk, Villupuram District.
6.Block Development Officer, Sankarapuram Taluk, Villupuram District.
7.Assistant Director (Panchayat), Block Development Office, Sankarrapuram Taluk, Villupuram District.
8.Subramani .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 7 to dispose of the representation dated 24.10.2018, submitted by petitioner and initiate appropriate action against the unauthorised construction put up by respondent no.8 in the land comprised in Survey no.203/25, at A.Pandalam Village, Sankarapuram Taluk, Villupuram District, within a fixed time frame. For Petitioner :
Mr.A.V.B.Krishnakanth For Respondents :
Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.) for RR 1 to 7 :
No appearance for R-8 * * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.A.V.B.Krishnakanth, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for respondent nos.1 to 7. 2.The petitioner is seeking direction to respondent nos.1 to 7 to dispose of the representation dated 24.10.2018 submitted by the petitioner in relation to taking appropriate action against unauthorised construction put up by the eighth respondent in the land comprised in Survey no.203/25, at A.Pandalam Village, Sankarapuram Taluk, Villupuram District.
3.The learned Government Pleader (i/c.) has tendered the affidavit of the sixth respondent, Block Development Officer, wherein it is stated that they inspected the premises of the eighth respondent and found that no planning permission was obtained by the eighth respondent for the said construction. Therefore, a stop work notice dated 26.06.2019 came to be issued to the eighth respondent to stop all further works with respect to the said construction without obtaining planning permission. It is further stated in the affidavit that if the eighth respondent proceeds with the construction, further action as per Sections 56 and 57 of the Tamil Nadu Country Planning Act, 1971, will be taken in accordance with law.
Thus, it is seen that the authorities are taking action in relation to the unauthorised construction put up by the eighth respondent, hence, no further orders are necessary at this stage. The writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.No.6561 of 2019 is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram 605 602.
2.The District Revenue Officer, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram 605 602.
3.The Revenue Divisional Officer, Kallakurichi Taluk, Villupuram District.
4.The Thasildar, Sankarapuram Taluk, Villupuram District.
5.The Village Administrative Officer, A.Pandalam Village, Sankarapuram Taluk, Villupuram District.
6.The Block Development Officer, Sankarapuram Taluk, Villupuram District.
7.Assistant Director (Panchayat), Block Development Office, Sankarrapuram Taluk, Villupuram District.
+1cc to Mr.A.V.B.Krishnakanth , Advocate SR.No. 70111 +1 cc to Government Pleader Sr.No. 70863 W.P.No.5746 of 2019 A.SK(10/09/2019)