N.Ganesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.14926 of 2022 and W.M.P.No.14148 of 2022 N.Ganesan .. Petitioner Vs 1 The District Collector Collectorate, Salem.

2 The Deputy Director Directorate of Town and Country Planning Salem Region, Soornamangalam Salem.

3 The Block Development Officer Block Development Office Gangavalli Taluk Salem District.

4 The President Panchyat Office Manmalai Village Gangavalli Taluk, Salem District.

5 M.Ramakrishnan .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing respondents 1 to 4 to take appropriate action for demolition of the unauthorized commercial construction of the 5th respondent premises which is situated in situated in S.No.104/1, Manmalai Village, Gangavalli Taluk, Salem District based on the petitioner's representation dated 14.03.2022.

For the Petitioner : Mr.A.Rajakumar

For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3 : Mr.V.R.Kamalanathan for 5th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on respondents 1 to 4 to take appropriate action against the unauthorised commercial construction raised by the fifth respondent. The construction is alleged to be without prior approval of the competent authority, which includes the Block Development Officer.

2. Learned counsel appearing for the fifth respondent so as learned State Government Pleader submit that necessary approval has been obtained by the fifth respondent from the competent authority for raising the construction. A copy of such approval has been supplied to the court during the course of the argument, with a copy to learned counsel for the petitioner.

3. Learned counsel for the petitioner could not refer to a provision which stipulates that apart from obtaining the approval from the competent authority, the approval of the Block Development Officer is mandatory.

4. In view of the above, we do not find any reason to issue the direction of the nature sought by the petitioner, more so when the approval required under law was obtained by the fifth respondent.

The writ petition is, accordingly, dismissed. No costs. Consequently, W.M.P.No.14148 of 2022 is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sasi

To:

1 The District Collector Collectorate, Salem.

2 The Deputy Director Directorate of Town and Country Planning Salem Region, Soornamangalam Salem.

3 The Block Development Officer Block Development Office Gangavalli Taluk Salem District.

4 The President, Panchayat Officer, Manmalai Village, Gangavalli Taluk, Salem District.

+1cc to the Government Pleader, S.R.No.36568 W.P.No.14926 of 2022 CA(CO) UMA(23/06/2022)