D.Sivakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.24601 of 2013 and M.P.No.1 of 2013 1.D.Sivakumar 2.M.Selvaraj 3.V.Murugan .. Petitioners -vs1.The District Collector, Tiruvarur.

2.The Director of Town and Country Planning Authority, D.T.C.P. Complex, Thiruchirapalli.

3.The Deputy Director, Town and Country Planning Authority, No.7, South Street, Ganapath Street, Thanjavur-613 001.

4.The Assistant Director, Panchayat Collector Office, Tiruvarur.

5.The Executive Officer, Town Panchayat, Needamangalam Tiruvarur District.

6.S.Rangasamy .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the Impugned Order dated 11.7.2011 made in Na.Ka. No.507/2011 A.2 passed by the 5th respondent and quash the same and direct the 5th respondent to take appropriate legal action in accordance with law against 6th respondent for put up construction of ground and 2nd floor to extent of 2.214 sq.ft. at R.S.No.26/40 in Door No.107 Mela Raja Veethi, Needamangalam Town, Tiruvarur District, without getting proper approval from the 3rd respondent.

For Petitioner :

M/s.J.Jyothi For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.Shanmugasundar, G.A.

For RR 1 to 5 :

Mr.G.Saravanan for R-6 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner states that change of vakalat has been given. However, no other counsel is present. 2.On perusal of the record, with the assistance of learned counsel for parties, we find that the first petitioner is a vendor to the sixth respondent sixteen years ago and makes a grievance about the construction made on that property in a public interest litigation.

3.The aforesaid is clearly an abuse of process of law. 4.Writ petition is dismissed. No costs. Consequently, M.P.No.1 of 2013 is also dismissed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The District Collector, Tiruvarur.

2.The Director of Town and Country Planning Authority, D.T.C.P. Complex, Thiruchirapalli.

3.The Deputy Director, Town and Country Planning Authority, No.7, South Street, Ganapath Street, Thanjavur-613 001.

4.The Assistant Director, Panchayat Collector Office, Tiruvarur.

5.The Executive Officer, Town Panchayat, Needamangalam Tiruvarur District.

+1 cc to Govt.Pleader,sr.41594.

sr(co) krd 5/8 W.P.No.24601of 2013