R.Jeyabal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2019 CORAM :
The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.11055 of 2019 R.Jeyabal .. Petitioner -vs1.The District Collector, Office of the District Collector, Collectorate Building, Coimbatore District, Coimbatore-641 018.
2.The Deputy Director of Town and Country Planning, Office of the Deputy Director of Town and Country Planning, Corporation Commercial Complex Building, Dr.Nanjappa Road, Coimbatore-641 018.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Pollachi Taluk, Coimbatore District - 642 001.
4.The Block Development Officer, Office of the Block Development Office, Pollachi South Union, Pollachi Taluk, Coimbatore District - 642 001.
5.The Special Officer/Block Development Officer, Veeralpatti Village Panchayat, Veeralpatti Village Panchayat Office, Pollachi South Union, Pollachi Taluk,Coimbatore-642 123.
6.R.Vimaladevi .. Respondents
Writ Petition No.11055 of 2005 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents 1 to 5 from allowing the 6th respondent from constructing the poultry farm in the place of S.F.Nos.84/1A, 84/1B, 85/A2A, 85/A2C, 83/A5, 83/B2, Veeralpatti Village, Pollachi Taluk, Coimbatore District.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) for respondent Nos.1 to 5 No Appearance for respondent No.6
ORDER
(Order of the Court was made by M.Duraiswamy, J.) The above writ petition has been filed by the petitioner as public interest litigation to issue a writ of mandamus forbearing the respondents 1 to 5 from allowing the sixth respondent from constructing the Poultry farm in Survey Nos.84/1A, 84/1B, 85/A2A, 85/A2C, 83/A5, 83/B2, Veeralpatti Village, Pollachi Taluk, Coimbatore District.
2. Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) appearing for the respondents 1 to 5 submitted that the land in question is an agricultural land and therefore, no permission is required from the authorities under the Tamil Nadu Town and Country Planning Act, 1971 for putting up the Poultry farm. The learned Government Pleader (i/c) has also produced a letter dated 26.02.2019 sent by the Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9 to the Principal Secretary/Commissioner of Town and Country Planning (FAC), Chennai-2 in support of his above submission.
3. In view of the said letter, the relief sought for in the writ petition cannot be granted. Accordingly, the writ petition is dismissed.
No costs.
Consequently, W.M.P.No.11499 of 2019 is closed.
bbr Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The District Collector, Office of the District Collector, Collectorate Building, Coimbatore District, Coimbatore-641 018.
2.The Deputy Director of Town and Country Planning, Office of the Deputy Director of Town and Country Planning, Corporation Commercial Complex Building, Dr.Nanjappa Road, Coimbatore-641 018.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Pollachi Taluk, Coimbatore District - 642 001.
4.The Block Development Officer, Office of the Block Development Office, Pollachi South Union, Pollachi Taluk, Coimbatore District - 642 001.
5.The Special Officer/Block Development Officer, Veeralpatti Village Panchayat, Veeralpatti Village Panchayat Office, Pollachi South Union, Pollachi Taluk, Coimbatore-642 123.
+1cc to Mr. C.Prakasam, Advocate SR.No. 51594 +1 cc Special Government Pleader 51771 W.P.No.11055 of 2019 A.SK(16/07/2019)