C.Sivakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Sivakumar ...

Petitioner Vs 1.The District Collector Office of the District Collector Tiruppur District.

2.The Revenue Thasildhar O/o.The Revenue Thasildhar Tiruppur District.

3.The District Revenue Inspector Office of the District Revenue Inspector Tiruppur District.

4.R.Velumani ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 to 3 to remove the illegal construction from S.No.512/8 situated at Pa.Vadugapalayam Village, Palladam Taluk, Tiruppur District in accordance with the provisions of Town and Country Planning Act and Tamil Nadu Panchayat Buildings Rules, 1997, on the basis of petitioner's representations dated 27.09.2021 and 29.07.2022.

For the Petitioner :

Mr.R.K.Arjun Raj For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed praying for a writ of mandamus directing respondents 1 to 3 to remove the illegal construction from S.No.512/8 situate at Pa.Vadugapalayam Village, Palladam Taluk, Tiruppur District in accordance with the provisions of the Town and Country Planning Act and the Tamil Nadu Panchayat Buildings Rules, 1997, on the basis of petitioner's representations dated 27.09.2021 and 29.07.2022.

2. Learned counsel for the petitioner submitted that on an earlier occasion, writ petition in WP No.7607 of 2021 was filed for a writ of mandamus directing the official respondents therein to remove the illegal construction made at S.No.514/13 situated at Morai Village, Ambattur Taluk, Tiruvallur District, and this Court, by order dated 02.08.2021, directed the president of Villivakkam Village Panchayat, Avadi Taluk, Thirvallur District, to take action as per law to remove the unauthorised construction within eight weeks. Learned counsel submitted that since the facts of the present writ petition is also identical, a similar order may be passed.

3. Learned Government Pleader appearing for the respondents, however, would submit that the petitioner's representations were already considered, and pursuant thereto, removal of encroachment has already been effected to. In support of his submission, he has also brought to our notice the proceedings dated 29.08.2022, passed by the General Information Officer, Thiruppur, wherein it is mentioned that the encroachment found in the land covered in S.No.512/8 has already been removed.

4. In view of the above, nothing survives for consideration in the writ petition. The writ petition is closed. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 23.03.2023 Index : Yes/No : Yes/No tar To 1.The District Collector Tiruppur District.

2.The Revenue Thasildhar Tiruppur District.

3.The District Revenue Inspector Tiruppur District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 23.03.2023