Madras High CourtWP(MD)/1191/2025disposed of

Dhinakaran, v. The Principal Secretary,

2025-02-10Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice L.Victoria Gowri7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10/02/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI WP(MD). No.1191 of 2025 Dhinakaran ... Petitioner Vs

1. The Principal Secretary,, Water and Irrigation Resources Department, Secretariat, Chennai..

2. The Director,, Public Work Department, Secretariat, Chennai..

3. The Director,, Town and Country Planning Board, 807, Anna Salai, Chennai..

4. The District Collector,, Kanniyakumari District, Nagercoil..

5. The Revenue Divisional Officer, Nagercoil Division, Kanniyakumari District..

6. The Joint Director,, Town and Country Planning Board, 2nd Floor, Raja Nagar, Tirunelveli..

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7. The Assistant Executive Engineer,, Public Work Department, Koathai River Basin, Nagercoil, Kanniyakumari District..

8. The District Registrar,, Kanniyakumari District, Kanniyakumari..

9. The Sub Registrar,, Sub Registrar Office, Boothapandi, Kanniyakumari District..

10. The Local Planning Authority,, Collectorate Office, Nagercoil, Kanniyakumari District..

11. The Tahsildar,, Agastheeswaram Taluk, Kanniyakumari District..

12. The Tahsildar,, Thovalai Taluk, Kanniyakumari District..

13. The Village Administrative Officer,, Putheri Revenue Village, Kanniyakumari District..

14. The Village Administrative Officer,, Erachakulam Revenue Village, Kanniyakumari District..

15. Murugesan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a WRIT OF MANDAMUS 2/7

directing the respondents No.3 to 7 to cancel the approval accorded to the house plots and layout comprised in Survey Nos.440/2, 440/3, 440/4, 440/5, 440/6, 440/7, 440/8, 439/1, 439/3, 439/4, 438/2, 438/5, 438/6, 438/7, 438/8, 438/9 and 441/3 situated at Putheri Revenue Village, Agastheeswaram Taluk, Kanniyakumari District and the land typically Nanja comprised in S.Nos.210/1, 210/2,214, 441/1, 440/1, 438/1, 432/3. 443/3, 210/3 and 210 situated at Erachakulam Revenue Village, Thovalai Taluk, Kanniyakumari District.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed for a mandamus to direct the respondents No.3 to 7 to cancel the approval accorded to the house plots and layout comprised in Survey Nos.440/2, 440/3, 440/4, 440/5, 440/6, 440/7, 440/8, 439/1, 439/3, 439/4, 438/2, 438/5, 438/6, 438/7, 438/8, 438/9 and 441/3 situated at Putheri Revenue Village, Agastheeswaram 3/7

Taluk, Kanniyakumari District and the land typically Nanja comprised in S.Nos.210/1, 210/2,214, 441/1, 440/1, 438/1, 432/3. 443/3, 210/3 and 210 situated at Erachakulam Revenue Village, Thovalai Taluk, Kanniyakumari District.

3. The learned counsel for the petitioner would submit that the petitioner has given a representation to the respondents including the 4th respondent herein on 30.10.2024.

4. The learned Government Pleader appearing for the respondents 1 to 14 would state that the representation of the petitioner dated 30.10.2024 will be considered within a time frame.

5. Though the petitioner has come out with a larger prayer, it would suffice if a direction is given to the third respondent to dispose of the petitioner's representation dated 30.10.2024 within a time frame.

6. Considering the submission made by the learned counsel for the petitioner, without going into the merits of the claim made by the 4/7

petitioner, the third respondent is directed to consider the representation of the petitioner dated 30.10.2024 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

[J.N.B.,J] [L.V.G.,J] 10.02.2025 NCC : Yes/No Index : Yes/No RR To

1. The Principal Secretary,, Water and Irrigation Resources Department, Secretariat, Chennai..

2. The Director,, Public Work Department, Secretariat, Chennai..

3. The Director,, Town and Country Planning Board, 807, Anna Salai, Chennai..

4. The District Collector,, Kanniyakumari District, Nagercoil..

5. The Revenue Divisional Officer, Nagercoil Division, Kanniyakumari District..

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