M.Madhesan v. The Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. M.Madhesan S/o.Madhaiyan, D.No.6-3-43-c, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District.
Petitioner(s) Vs
1. The Executive Officer Kolathur Special Grade Panchayat, Kolathur, Mettur Taluk, Salem District.
2.The Village Administrative Officer Kolathur Village, Mettur Taluk, Salem District.
3.Tmt.C.Sitheshwari W/o.Devaraj, Gandhi Nagar, Four Roads, Kolathur, Mettur Taluk, Salem District.
Respondent(s) PRAYER Directing the respondents 1 and 2 to remove the entire unauthorised tin shed put up by the 3rd respondent in the name of Kubenthiran Bakery situated at 8th ward, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District as informed in the letter of the 1st respondent in Na.Ka.No.408 of 2023 dated 16.05.2024 to the petitioner.
For Petitioner(s):
Mr.M.P.Rajavelayutham For Respondent(s):
Mr. D. Gopal Government Advocate For R1 Mrs.E.Ranganayagi Additional Government Pleader for R2 No appearance (for R3)
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The Writ on hand has been instituted to direct the respondents 1 and 2 to remove the entire unauthorised tin shed put up by the 3 rd respondent in the name of Kubenthiran Bakery situated at 8th ward, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District as informed in the letter of the 1st respondent in Na.Ka.No.408 of 2023 dated 16.05.2024 to the petitioner. 2.
With reference to the allegations set out in the Writ Petition, a notice was issued by the 1 st respondent/Executive Officer to the 3 rd respondent.
3.
Learned counsel for the petitioner would submit that the 3 rd
respondent made a submission before the 1 st respondent that he will obtain appropriate permission for the shed already constructed. However, no such permission has been obtained.
4.
This being the factum placed before this Court, the respondents 1 and 2 are directed to verify the documents, and in the absence of any proper building plan approval/permission from the competent authority, the shed is to be construed as unauthorised and all appropriate actions ought to be initiated by following procedures as contemplated under law. Such exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.
5.
Accordingly, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, stand closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 21-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Executive Officer Kolathur Special Grade Panchayat, Kolathur, Mettur Taluk, Salem District.
2.The Village Administrative Officer Kolathur Village, Mettur Taluk, Salem District.
3.Tmt.C.Sitheshwari W/o.Devaraj, Gandhi Nagar, Four Roads, Kolathur, Mettur Taluk, Salem District.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
gd 21-04-2025