D.Sreenivasalu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2021 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.27367 of 2021 and W.M.P.No.28878 of 2021 D.Sreenivasalu .. Petitioner Vs.

1.The District Collector, Tiruvallur District, Tiruvallur, Chennai - 600 003.

2.The Regional Manager, Tiruvallur District TASMAC, Tiruvallur - 600 024.

3.The Execution Officer, Pallipattu Town Panchayat, Tiruvallur District.

4.V.Sangeetha .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of mandamus to forbear the 2nd respondent from granting permission to start TASMAC shop at the land belonging to the 4th respondent.

For Petitioner : Mr.D.Anand Raja For Respondents : Mr.P.Muthukumar, Government Pleader

O R D E R

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of mandamus to forbear the 2nd respondent from granting permission to start TASMAC shop at the land belonging to the 4th respondent. 2.Mr.P.Muthu Kumar, learned Government Pleader, taking notice for the respondents 1 to 3, on instructions, submitted that the husband of the 4th respondent, viz., Thiagarajan, constructed shop in Nehru Nagar, Pallipat Town Panchayat, Thiruvallur District in Survey No.113/16 and an objection was raised by the Executive Officer of the Pallipat Town Panchayat on 30.10.2021 for the reason that he was putting up an https://hcservices.ecourts.gov.in/hcservices/

unauthorized construction. Further, the learned Government Pleader submitted that notice was also issued to the said Thiagarajan and subsequently, he stopped the construction work. The learned Government Pleader also submitted that so far he has not obtained any approval for putting up the construction in the land. The learned Government Pleader further submitted that since the construction in the land in Survey No.113/16 was stopped by the authorities, the question of permitting TASMAC to run a shop in the said premises shall not arise.

3.As rightly contended by the learned Government Pleader, when the construction of the premises has not yet been completed and that the construction work has been stopped by the authorities, the question of granting permission to run TASMAC shop in the said premises does not arise. In such view of the matter, we are not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar va To 1.The District Collector, Tiruvallur District, Tiruvallur, Chennai - 600 003.

2.The Regional Manager, Tiruvallur District TASMAC, Tiruvallur - 600 024.

3.The Executive Officer, Pallipattu Town Panchayat, Tiruvallur District.

W.P.No.27367 of 2021 and W.M.P.No.28878 of 2021 SVI(CO) GMY(06/01/2022) https://hcservices.ecourts.gov.in/hcservices/