Sivas Papers Private Limited v. The Director Of Panchayat

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD and WMP.No.12762 of 2025 Sivas Papers Private Limited Rep by its Managing Director C.Shanmugaraj S/o.Chinnasamy Meeru Kadai, Muthur Post, Kangayam Taluk, Tiruppur District.

.. petitioner vs 1.The Director of Panchayat Kuralagam, Chennai - 2.

2.The District Collector / Inspector of Panchayat Tiruppur District, Tiruppur.

3.The Assistant Director of Panchayat Collectorate, Tiruppur 1/10

4.The Block Development Officer Vellakoil Panchayat Union Vellakoil, Tiruppur District.

5.The Special Officer Veerachozapuram Village Panchayat Veerachozhapuram Kangayam Taluk Tiruppur District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying th respondent from demanding Rs.22/- to issue a Writ of Mandamus forbearing the 5 per sq.ft for construction workers welfare fund for granting building plan approval to the petitioner's construction situated in Re.SF.No.41/3B2, 42/1 and 42/2, Veerachozhapuram Village, Veerachozhapuram, Kangayam Taluk, Tiruppur District. For Petitioner : Mr.C.Prakasam For Respondents : M/s.M.Rajendran, AGP for R1 to R3.

Mr.K.H.Ravikumar, Govt. Advocate for R4 & R5

O R D E R

th respondent from demanding This writ petition has been filed to forbear the 5 Rs.22/- per sq.ft for construction workers welfare fund for granting building plan 2/10

approval to the petitioner's construction situated in Re.SF.No.41/3B2, 42/1 and 42/2, Veerachozhapuram Village, Veerachozhapuram, Kangayam Taluk, Tiruppur District.

2. The petitioner is the Managing Director for the purpose to keep the paper materials and decided to construct godown, in this connection he purchased land situated in Re.S.F.No.41/3B2, 42/1 and 42/2 in Veerachozhapuram village to an extent of 10 acres, and they approached the Director of Town and Country planning along with godown building plan for getting approval after paying prescribed fee they obtained approval. The petitioner made online building plan application before the Assistant Director of Tiruppur District Town and Country Planning and obtained th Technical Clearance in turn the Assistant Director sent communication to the 5 respondent for issuance of final building plan approval. The petitioner proposed to th construct 61,119sq.ft with cement sheet roof godown, and approached the 5 respondent and produced the Assistant Director of Town and Country Planning th respondent demanded Rs.22/- per sq.ft approval and paid prescribed fee. But the 5 for construction workers welfare fund for a sum of Rs.13,44,618/- that too without 3/10

disclosing the amount arrived under in which GO. The Village panchayat collecting the welfare fund at the rate of 1% total cost of the building. It is only four wall and iron truss angles with cement sheet and there is no seperate wall and other additional interior expenses the total cost comes to Rs.4,27,83,300/- at Rs.700/- sq.ft, the fund th respondent demanding a sum of amount is calculated at Rs.4,27,833/-, whereas the 5 th respondent issued a demand notice and the Rs.13.44.618/-. In this regard, the 5 same was received by the petitioner through online. The representation of the th respondent sent communication to the 3 rd petitioner was considered and the 4 rd respondent not issued any reply, whereas the respondent dated 07.03.2025, but the 3 th respondent demanding Rs.22/-sq.ft for the welfare fund without giving any written order, but online reply was issued without any signature, hence, the petitioner could not challenge the same.

3. The learned Government Advocate appearing for the respondents 4 and 5 on rd respondent vide Na.Ka.No.A2/507/2025 dated written instructions from the 3 4/10

04.04.2025 has stated that the proposal with regard to construction workers welfare fund at Rs.22/- per sq.ft. for building approval has been sent to the Assistant Director rd respondent on 07.03.2025 and the orders are yet to be passed on the of Panchayat/3 said proposal. The relevant portion of the said proposal is extracted hereunder :- "

பரவயலகணஅரசகடதஙகளனபட .

ததழலளரநலயகடடண னதஆணடததறம தளயடபபடமதபதபபண னதரவலகதபப பவடயலசதரஅடககர .22.00/- வ தம61119 சதரஅடககர .13,44,618/- எனதகட பஇவணயதளததலநரணயம தசயயபபடடளளத.

எனனமமனதரன தககவகயவனஏறறமனத ரரஅளததளளணணபபத 2லவனதசயதடமதபரடடம . அவனத தவகயனகடடடஙகளகக 5/10

தயனததழலளரந லநதததவகதகடபநரணய ணடம ?

எனபதறகனதத மமனனநகஇவலலகந .க.எ .507/2025/ஆ2, நள: 07.03.2025 - னபடதரப இயககநர (ஊரடசகள ) அலலகத தறகஅனபபவககபபட ரத ij கனவடனதத "

ளகத9ன

4. The learned Government Advocate would further submit that this Court may rd respondent to pass orders on merits and in stipulate a time frame enabling the 3 accordance with law.

5. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record. rd respondent is directed to pass an orders on the proposal forwarded by

6. The 3 6/10

th respondent on 07.03.2025 with regard to the construction workers welfare the 4 fund, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above observations and directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.04.2025 Note : Issue copy on 16.04.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The Director of Panchayat Kuralagam, Chennai - 2.

2.The District Collector / 7/10

Inspector of Panchayat Tiruppur District, Tiruppur.

3.The Assistant Director of Panchayat Collectorate, Tiruppur 4.The Block Development Officer Vellakoil Panchayat Union Vellakoil, Tiruppur District.

5.The Special Officer Veerachozapuram Village Panchayat Veerachozhapuram Kangayam Taluk Tiruppur District.

8/10

J. SATHYA NARAYANA PRASAD , J.

tsh 9/10

09.04.2025 10/10