Madras High CourtWP/30224/2023disposed of

A.V.Radhakrishnan v. The Panchayat President

2023-10-18Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA A.V.Radhakrishnan ... Petitioner Vs The Panchayat President Sundakkampalayam Village Panchayat, Tiruppur District ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to Direct the Respondent to consider and dispose of the petitioner's applications filed on 31.07.2023 for building plan approval in Survey Nos. 146 / 1B and 146 / 2A1 of Sundakkampalayam village filed under Rule 4 of the Tamil Nadu Panchayat Building Rules, 1997.

For Petitioner : Mr.S.Bharanidharan For Respondent : Mr.L.S.M.Hasan Fizal Additional Government Pleader Page 1/4

ORDER

(Order of the Court was made by J.Nisha Banu,J) With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this writ petition is to direct the respondent to consider and dispose of the petitioner's application dated 31.07.2023 for building plan approval in Survey Nos. 146 / 1B and 146 / 2A1 of Sundakkampalayam village filed under Rule 4 of the Tamil Nadu Panchayat Building Rules, 1997.

3. Learned counsel appearing for the petitioner would submit that the petitioner had applied for building plan approval vide application dated 31.07.2023 under Rule 4 of the Tamil Nadu Panchayat Building Rules with all the relevant documents and he also paid the necessary cost for building plan approval. Since the said application has not been considered by the respondent, he has filed the present writ petition. Page 2/4

4. Considering the fact that the petitioner had applied for building plan approval, the respondent is directed to consider the petitioner's application dated 31.07.2023 and to pass orders on merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of a copy of this order. Till then, the respondent is directed not to take any coercive action as against the petitioner's building.

5. Accordingly, the Writ Petition is disposed of. No costs. (J.N.B,J.) (N.M., J.) Index : Yes / No 18.10.2023 msv To The Panchayat President Sundakkampalayam Village Panchayat, Tiruppur District Page 3/4

J. NISHA BANU, J.

and N.MALA,J.

msv 18.10.2023 Page 4/4