Calvary Gospel Vision Ministrieis Trust v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.01.2019

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30449 of 2018 Calvary Gospel Vision Ministries Trust, 4/693-A, Shankar Nagar, Udumalpet - 642 126, Represented by its Founder and Managing Trustee, S.Ashok Samuel Gnanakumar .. Petitioner versus

1. The District Collecor,

2. The Revenue Divisional Officer,

3. The Tahsildar, .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant permission to construct a residence cum prayer house at S.F.No.163 in site Nos.1 and 9 at Raj Layout, Periyakottai Panchayet in Udumalpet Taluk, Thiruppur District by considering the representation of the petitioner herein dated 07.09.2016.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The writ petition is filed seeking a direction to the respondents to grant permission to construct a residence cum prayer house at S.F.No.163 in site Nos.1 and 9 at Raj Layout, Periyakottai Panchayet in Udumalpet Taluk, Thiruppur District by considering the petitioner's representation dated 07.09.2016.

2. According to the learned counsel for the petitioner, the petitioner submitted a representation dated 07.09.2016 to the first respondent seeking permission to construct a residence cum prayer house in the petition mentioned property. The first respondent has directed the second respondent to inspect the site and submit a report. The second respondent in turn directed the third respondent to take appropriate action on the petitioner's representation. But, the same is kept pending for more than two years. Hence, the petitioner is before this Court.

3. Heard, Mr.R.Nalliyappan, learned counsel appearing for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the respondents.

4. Considering the facts and circumstances of the case and the submissions made on either side, the petitioner is permitted to make one more representation in this regard to the respondents within a period of two weeks from the date of receipt of a copy of this order and on receipt of copy of such representation, the respondents are directed to consider the same after issuing notice to the petitioner as well as any of the interested parties in this regard and also affording them due opportunity of personal hearing and then pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of copy of such representation. It is made clear that this Court is not expressing any opinion on the merits of the representation to be made by the petitioner.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi To

1. The District Collecor,

2. The Revenue Divisional Officer,

3. The Tahsildar, +1 cc to Mr.R.Nalliyappan, Advocate SR.No.2781 W.P.No.30449 of 2018 CSL/19.02.2019