Pon Velu v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.No.23324 of 2021 and W.M.P. No.24598 of 2021 Ponvelu ... Petitioner vs

1. The Block Development Officer, Block Development Office, (Panchayat Schemes), Alangayam Panchayat Union, Alangayam Post, Thirupattur District.

2. The Inspector of Police, Rural Police Station, Vaniyampadi, Tirupattur District - 635 751.

3. Kasthuri

4. Rukumani ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to consider the petitioner's representation dated 05.08.2021 by further stop the unauthorised construction of Kasthuri third respondent herein situated at Vallipattu Village Patta 575, Survey No.372/5, 500 square metres.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.K.V.Sajeev Kumar, Special Government Pleader for R1 and R2 No appearance for R3 & R4

ORDER

[Order of this Court was delivered by T.RAJA, J.] Mr.Ponvelu, the petitioner herein has come to this Court seeking a direction to the Block Development Officer, the first

respondent herein to consider his representation dated 05.08.2021 to stop the un-authorised construction of the third respondent.

2.Learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner of the property situated at Vallipattu Village, Patta No.575, Survey No.372/5, measuring to an extent of 500 sq.mt., in which, respondents 3 and 4, without having any title or ownership in the land, have proceeded with un-authorised construction, causing public nuisance and also inconvenience to the petitioner. In this regard, the petitioner has given a complaint before the Inspector of Police, the second respondent herein. In the meanwhile, he has also filed a petition before the Public Information Officer seeking opinion as to whether the third respondent has obtained any valid approval for putting up construction in the place in question and on receipt of the same, the Public Information Officer, by letter dated 12.08.

2021, stated that the third respondent has proceeded with the construction, without obtaining any valid permission. Therefore, when the reply given by the Public Information Officer dated 12.08.2021 says that the third respondent has proceeded with un-authorised construction, without obtaining any valid permission from the concerned authorities, action has to be taken by the Block Development Officer/the first respondent herein. As there was no response on the representation made by the petitioner, he has come to this Court. Therefore, a direction be issued to the first respondent to take appropriate action against respondents 3 and 4.

3.In reply, learned Special Government Pleader appearing for the respondents submitted that if sufficient time is granted, action will be taken against respondents 3 and 4, by disposing of the representation made by the petitioner. 4.A perusal of the letter note dated 12.08.2021 issued by the Public Information Officer shows that one Kasthuri, the third respondent herein has been proceeding with the construction, without obtaining any valid permission from the concerned authorities. In spite of notice to respondents 3 and 4, there is no representation either through counsel or by themselves before this Court. Therefore, we are inclined to issue a suitable direction to the Block Development Officer/ the first respondent herein.

Accordingly, the Block Development Officer/the first respondent herein is directed to consider the representation dated 05.08.2021 made by the petitioner along with the letter note dated 12.08.

date of receipt of a copy of this order. With the above direction, the writ petition stands disposed of. Consequently, W.M.P. No.24598 of 2021 stands closed. No Costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vga To

1. The Block Development Officer, Block Development Office, (Panchayat Schemes), Alangayam Panchayat Union, Alangayam Post, Thirupattur District.

2. The Inspector of Police, Rural Police Station, Vaniyampadi, Tirupattur District - 635 751.

+1cc to M/s.R.Sankarasubbu, Advocate, S.R.No.7622 +1cc to the Government Pleader, S.R.No.8316 W.P.No.23324 of 2021 and W.M.P. No.24598 of 2021 SR-II(CO) SU(23/02/2022)