A. Christ Amos v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.Christ Amos ... Petitioner -vs1. The District Collector, Collectorate, Thirupathur, Tirupathur District.
2. The Assistant Director (Panchayat), Tirupathur, Tirupathur District.
3. The Block Development Officer (Village Panchayat), Alangayam Panchayat Union, Alangayam, Tirupathur District.
4. The President, Sammanthi Kuppam Panchayat, Alangayam Union, Sammanthi Kuppam, Tirupathur District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the representations of the Petitioner dated 01.08.2022 and 20.03.2023 in the light of the Annexure - XVII (6) of the Tamil Nadu Combined Development and Building Rules, 2019, and to grant No Objection Certificate to the Petitioner within the stipulated time. 1/6
For Petitioner :
Mr. J.Hudson Samuel For Respondents :
Mr. S.J.Mohamed Sathik, Government Advocate (for R1 & R2) Mr. S.Ravichandran (for R3 & R4)
O R D E R
Heard Mr. J.Hudson Samuel, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the First and Second Respondents and Mr. S.Ravichandran, Learned Counsel for the Third and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
This Court in a Public Interest Litigation filed by one M.Sakthivel in W.P. No. 2358 of 2022 had by order dated 14.02.2022 directed the District Collector, Tiruppatur to consider his representations dated 22.07.2019, 28.12.2019 and 01.12.2020 for demolition of the unauthorized church said to have been constructed by the Petitioner in S. Nos. 123/1A, 123/5B in Sammanthikuppam Village, Aalangayam Panchayat Union, Tirupattur District, after issuing proper notice to both sides and decide the matter within a period of eight weeks from 2/6
the date of receipt of its copy.
3.
It is the case of the Petitioner that he has subsequently made representations dated 01.08.2022 and 20.03.2023 for grant of 'No Objection' certificate in terms of Annexure - XVII (6) of the Tamil Nadu Combined Development and Building Rules, 2019, for the said church, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 4.
It has been brought to notice that in furtherance to the order dated 18.10.2023 passed by this Court, the Third Respondent had conducted a public meeting at 11.00 a.m. on 09.11.2023 in the said village, after giving due notice to all concerned in which about 250 villagers including the Petitioner had participated and by proceedings in Na.Ka.No.A6/2521/2022 dated 01.12.2023, it was informed to the Petitioner that it would not be possible to grant any 'No Objection' certificate as sought by him and its copy has been produced and Learned Counsel for the Petitioner also acknowledges its receipt and he has also made an endorsement to that effect in the court record. 5.
In view of the subsequent events, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to 3/6
be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law. In the result, the Writ Petition is disposed with the aforesaid clarifications. No costs.
07.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 14.02.2024.
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To
1. The District Collector, Collectorate, Thirupathur, Tirupathur District.
2. The Assistant Director (Panchayat), Tirupathur, Tirupathur District.
3. The Block Development Officer (Village Panchayat), Alangayam Panchayat Union, Alangayam, Tirupathur District.
4. The President, Sammanthi Kuppam Panchayat, Alangayam Union, Sammanthi Kuppam, Tirupathur District.
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P.D. AUDIKESAVALU, J.
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