Viswanathan v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIYA GOWRI W.P.(MD)No.3305 of 2023 and W.M.P.(MD)No.3057 of 2023 Viswanathan ... Petitioner Vs.

1.The Assistant Director, District Town and Country Planning Office, Collector Office Campus, Sivagangai, Sivagangai District.

2.The Executive Officer, Kottaiyur Town Panchayat, Sivagangai District.

3.Meenakshi Sundaram ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents more particularly the 2nd respondent to take action for unauthorized construction of marriage hall carrying out by the 3rd respondent in Plot No.47, Kandanur Road, Ezhil Nagar, situated in Survey No.606/15 at Kottaiyur, Karaikudi Taluk, Sivagangai District by considering the representation dated 29.12.2022. For Petitioner :

Mr.D.Venkatesh For Respondents :

Mr.P.Thilak Kumar, Government Pleader for R1

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents more particularly the 2nd respondent to take action for unauthorized construction of marriage hall carrying out by the 3rd respondent in Plot No.47, Kandanur Road, Ezhil Nagar, situated in Survey No.606/15 at Kottaiyur, Karaikudi Taluk, Sivagangai District, by considering the representation dated 29.12.2022.

2. By consent, this Writ Petition is taken up for final disposal.

3. The learned Government Pleader appearing for the first respondent submitted that notice has been served to the third respondent for deviation of the approved plan and he has produced a proceedings of 2nd respondent in Na.Ka.No.521/2022, dated 17.02.2023 to that effect.

4. Recording the same, this Writ Petition is disposed of. It is made clear that if any further violation by the third respondent in the approved plan, the respondents shall take necessary action under the provisions of law. Liberty is also granted to the petitioner to approach this Court, if necessary. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [L.V.G., J.] 20.02.2023 NCC : Yes / No Index : Yes / No vsm

D.KRISHNAKUMAR , J.

and L.VICTORIYA GOWRI, J.

vsm To 1.The Assistant Director, District Town and Country Planning Office, Collector Office Campus, Sivagangai, Sivagangai District.

2.The Executive Officer, Kottaiyur Town Panchayat, Sivagangai District.

W.P.(MD)No.3305 of 2023 20.02.2023