Dharmaraj v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Dharmaraj ....

Petitioner Vs 1.The Block Development Officer, (Village Panchayats) Pollachi North Union, Pollachi Taluk, Coimbatore District.

2.The Special Officer, Pruvaipalayam Village Panchayat, Puravipalayam, Pollachi Taluk, Coimbatore District.

....

Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent made in proceedings in Na.Ka.No.970/2017/A2 dated 04.02.2019 and quash the same and consequently direct the 1st respondent to provide permission for building plan and approval to the petitioner in S.F.No.275/10, Puravipalayam Village, Pollachi (North Block), Coimbatore District.

For Petitioner : Mr.N.Umapathi For Respondents : Mr.S.Arumugam Government Advocate

ORDER

This Writ Petition has been filed challenging the order passed by the first respondent dated 04.02.2019, thereby rejected the application filed by the petitioner seeking building plan and approval.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. A perusal of the impugned order reveals that the first respondent did not even mention any reason for rejection of the request made by the petitioner. That apart, similar orders passed by the first respondent was quashed by this Court in W.P.No.13378 of 2019 by an order dated 11.06.2019.

4. In view of the above order passed by this Court in W.P.No.13378 of 2019, the order impugned in this writ petition cannot be sustained and it is liable to be quashed. Accordingly, it is hereby quashed. The first respondent is directed to consider the application submitted by the petitioner afresh in accordance with law, after giving an opportunity of hearing, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands allowed. No costs.

19.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Block Development Officer, (Village Panchayats) Pollachi North Union, Pollachi Taluk, Coimbatore District.

2.The Special Officer, Pruvaipalayam Village Panchayat, Puravipalayam, Pollachi Taluk, Coimbatore District.

G.K.ILANTHIRAIYAN. J, Lpp

19.09.2024