M.Pushpa v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA 1.M.Pushpa 2.R.Manjula Devi 3.V.Sangeetha 4.K.Arun 5.M.Rankanath 6.K.Manisen Pattak 7.G.Sudalai Mani 8.G.Vijayakumar 9.S.Logesh Kumar 10.D.Banumathi 11.P.Janagi 12.G.Velavan 13.A.Poongodi 14.R.Haridoss 1/6
15.K.Vijayaraj .. Petitioners Vs.
1.The Member Secretary, Tirupur Local Planning Authority, Kumaran Commercial Complex, 1st Floor, Corporation Building, Near Railway Station, Tirupur - 641 601, Tirupur District.
2.V.Prakash 3.S.Anbukarasi 4.P.Balakrishnan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the Petitioners common representation dated 16.11.2022 and pass orders.
For Petitioners : Mr.H.Anandakumar for Mr.K.Rajendiran For R1 : Mr.E.Vijay Anand Additional Government Pleader
O R D E R
(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioners have come out with the present Writ Petition for a direction to the 1st respondent to consider their common representation dated 16.11.2022 and pass orders.
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2.Mr.H.Anandakumar, counsel representing Mr.K.Rajendiran, learned counsel appearing for the petitioners submitted that the respondents 2 & 3 are the owners of the property in Survey No.201/2 situated at Kaniyam Poondi Village, Avinasi Taluk. The respondents 2 & 3 along with the 4th respondent formed a layout called "Senthil Nagar Promotors". The 4th respondent informed the petitioners that the said layout was approved by the Special Officer, Kaniyam Poondi Village Panchayat and the same was forwarded to the 1st respondent for approval. Believing the version of the 4th respondent, the petitioners have entered into an agreement of sale for purchase of plots, paid entire sale consideration in installments, constructed the houses and are residing in the said houses.
While so, a dispute arose between the respondents 2 & 3 and 4th respondent and suits were filed in O.S.No.243 of 2019 on the file of the District Munsif Court, Tirupur and O.S.No.522 of 2021 on the file of the Principal District Court, Tirpur. Now the petitioners came to know that the 1st respondent is taking steps to demolish the construction put up by them. In such circumstances, the petitioners have sent a representation dated 16.11.2022 to the 1st respondent. Since no order has been passed on the said representation dated 16.11.2022, the petitioners have come out with the present Writ Petition for the relief sought for above.
3.Mr.E.Vijay Anand, learned Additional Government Pleader appearing for the 1st respondent submitted that the Special Officer, Kaniyam Poondi Village Panchayat has forwarded the proposal dated 18.01.2019 to the 1st respondent and the same will be considered on merits and the 1st respondent will pass orders on merits. 4.Heard the learned counsel appearing for the petitioners as well as the learned Additional Government Pleader appearing for 1st respondent and perused the entire materials on record.
5.From the above submissions and documents filed by the petitioners in the typed set of papers, it is seen that the Kaniyam Poondi Village Panchayat has addressed a letter bearing Na.Ka.No.1380/17/A2, dated 18.01.2019 to the 1st respondent enclosing the documents stating that the land in question has approach road and it is not near any cremation ground, railway track and it is fit for housing site and requested the 1st respondent for further proceedings. In view of the above letter, the 1st respondent is directed to consider the representation of the petitioners dated 16.11.2022 taking into consideration the letter of the 4/6
Kaniyam Poondi Village Panchayat dated 18.01.2019, after giving opportunity to the petitioners as well as respondents 2 to 4 and pass orders on merits and in accordance with law. Till such time, the 1st respondent is restrained from taking any coercive steps against the petitioners.
6.With the above directions, the Writ Petition is disposed of. No costs.
(V.M.V., J) (R.H., J) 03.01.2023 (2/2) krk Index : Yes / No Internet : Yes / No To The Member Secretary, Tirupur Local Planning Authority, Kumaran Commercial Complex, 1st Floor, Corporation Building, Near Railway Station, Tirupur - 641 601, Tirupur District.
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V.M.VELUMANI, J.
and R.HEMALATHA, J.
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