Mrs.K.Santhamani v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and M.P. No. 1 of 2011 K.Santhamani ... Petitioner -vs1. The Secretary Rural Development and Panchayat Raj Fort St. George Chennai - 600 002.
2. The District Collector Coimbatore.
3. The Special Commissioner Town and Country Planning 807, Anna Salai, Chennai - 600 002.
4. The Executive Officer Gudalore Town Panchayat Naickanpalayam Post Coimbatore - 641 020.
5. District Planning Officer Sarva Siksha Abhyan (SSA) Raja Street, Coimbatore-641 001.
6. Vivekananda Nagar Residents' Welfare Association Rep. by its Secretary P.S.Palanisamy No.70, Vivekananda Nagar Thekkupalayam Post, No.2 Gudalore Panchayat Coimbatore - 20 (R6 - Impleaded as per order dated 15.10.2012 in M.P. No. 2 of 2011) ... Respondents 1/6
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from proceeding with further construction in Plot No.2, respect of the land S. Nos. 38/1 and 38/2 of an extent of 48 cents in Gudalore Village, Coimbatore District. For Petitioner : Mr. S.Ramesh For Respondents : Mr. P.Balathandayutham Special Government Pleader (For R1 to R3 and R5) Mr. G.Prabhakaran For M/s. M.Sriram (For R4) Mr. R.Chandrasekar (For R6)
O R D E R
Heard Mr. S.Ramesh, Learned Counsel for the Petitioner and Mr. P.Balathandayutham, Learned Special Government Pleader appearing for the First to Third Respondents and Fifth Respondent, Mr. G.Prabhakaran, Learned Counsel for the Fourth Respondent and Mr. R.Chandrasekar, Learned Counsel for the Sixth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Petitioner claims to be the owner of plot no. 2 measuring an extent of 1947 sq.ft., which forms part of larger extent of 48 cents in S. Nos. 38/1 and 2/6
38/2 in Vivenkananda Nagar, Gudalore Village, Coimbatore North, which had been ear-marked as site for Nursery School while granting approval for layout in proceedings no. LP/R (CN) S 166/78 dated 16.12.1978 by the Director of Town and Country Planning.
3.
The grievance ventilated by the Petitioner is that in the month of November 2010, under the guise of implementation of the Sarva Shiksha Abiyan Scheme, the Fourth and Fifth Respondents had started making constructions in the nearby plot no. 10 measuring an extent of 2072 sq.ft., which also forms part of the said larger extent of 48 cents in S. Nos. 38/1 and 38/2 in Vivenkananda Nagar, Gudalore Village, Coimbatore, without any authority of law, and apprehending that the property of the Petitioner would also be usurped in that manner, the Writ Petition has been filed to forbear the Respondents from proceeding with any construction in the said property of the Petitioner in this case.
4.
Learned Counsel for the Fourth Respondent, on instructions, states that it is not intended to make any construction in future in the portion of the said property claimed to be owned by the Petitioner without following due process of law. In such circumstances, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the 3/6
Petitioner to work out her remedies to seek modification of approval from school site to residential plot following the prescribed procedure from the concerned authority. Learned Counsel for both sides have made their respective endorsements to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition is closed. No costs.
18.11.2022 4/6 Maya Index: Yes/No Note: Issue order copy by 02.12.2022.
To
1. The Secretary Rural Development and Panchayat Raj Fort St. George Chennai - 600 002.
2. The District Collector Coimbatore.
3. The Special Commissioner Town and Country Planning 807,Anna Salai, Chennai - 600 002.
4. The Executive Officer Gudalore Town Panchayat Naickanpalayam Post Coimbatore - 641 020.
4/6
5. District Planning Officer Sarva Siksha Abhyan (SSA) Raja Street, Coimbatore-641 001.
5/6
P.D. AUDIKESAVALU, J.
Maya 18.11.2022 4/6 6/6