T.Manimegalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR JUSTICE P.DHANABAL and WMP.No.20827 of 2019 1.T.Manimegalai 2.Santhanamani ... Petitioners Vs.

1.The District Collector, Erode, Erode District.

2.The Executive Officer, Karumanidichellipalayam Town Panchayat, Karumanidichellipalayam, Perundurai, Erode District.

3.Pushpavathi ..

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the representation of the petitioners dated 28.06.2019 by forbearing the 3rd respondent from constructing a godown in S.No.425/7B, with patta No.2021, in Karmandichellipalayam Village, Perundurai Taluk, Erode District.

For Petitioners : Mr.A.Sundara Vadhanan For Respondents : Mr.E.Vijay Anand, Additional Government Pleader for R1 Mrs.R.L.Karthika, Government Advocate for R2 Mr.C.Prakasam for R3

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The writ petition has been filed for a Mandamus directing the respondents 1 and 2 to consider the representation of the petitioners dated 28.06.2019 by forbearing the third respondent from constructing a godown in S.No.425/7B, with patta No.2021, in Karmandichellipalayam Village, Perundurai Taluk, Erode District.

2. According to the petitioners, godown has been unauthorizedly constructed by the third respondent without obtaining any approval from the competent authority and subsequently, the second respondent has issued planning permission vide No.74/2019-2020 dated 25.09.2019. A copy of the said proceedings has been produced before this Court.

3. Mr.C.Prakasam, learned counsel for the third respondent submits that there is no violation of the building plan approval as alleged by the petitioner.

4. Mr.E.Vijay Anand, learned Additional Government Pleader for the first respondent submits that the third respondent has not strictly complied with the Building Plan rules and she has unauthorizedly constructed godown in violation of the Building Plan rules and therefore, prays for appropriate orders.

5. Recording the submission of the respondents that the second respondent has issued planning permission dated 25.09.2019 in favour of the third respondent and it is specifically stated by the third respondent that there is no violation of the building plan approval, as alleged by the petitioner, no further orders are necessary. If there is any violation of the building plan rules, it is open to the petitioner to approach the authorities concerned seeking necessary action .

D.KRISHNAKUMAR, J.

and P.DHANABAL, J.

Jvm

6. The Writ Petition stands disposed of with the above liberty. No costs. Consequently, connected miscellaneous petition is closed. (D.K.K., J.) (P.D.B., J.) 19.06.2023 Intex : Yes/No Internet : Yes/No Jvm To 1.The District Collector, Erode, Erode District.

2.The Executive Officer, Karumanidichellipalayam Town Panchayat, Karumanidichellipalayam, Perundurai, Erode District.