Rasappan.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.3511 of 2023 V.Rasappan : Petitioner Vs.

1.The District Collector, Office of the Collectorate, Karur District.

2.The Superintendent of Police, Karur District, 3.The Commissioner, O/o. Karur Municipal Corporation, Karur, Karur District.

4.The Tahsildar, Karur Taluk Office, Karur District.

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5.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Formerly known as TNEB, Kovai Road, 6.The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Formerly known as TNEB, Kovai Road, 7.The Inspector of Police, Karur Town Police Station, 8.M.Saravanan 9.S.Lakshmi Sudha : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 7 herein not to give building plan approval, water tap connection, electricity service connection to the illegal construction works at Old Survey No.641 corresponding to New Survey No.441 at Kondarasankadu, Inam Karur Village, Karur District which forms part of the subject matter of the pending suit in O.S.No.414 of 2004 2/6

on the file of the learned District Munsif Court, Karur by preventing the respondents 8 and 9 from proceeding with their illegal constructions without obtaining proper building plan approval, electricity service connection and Tax Assessment on the basis of the petitioner's representation dated 30.01.2023. For Petitioner : Mr.V.Balaji For Respondents 1&4 : Mr.S.P.Maharajan Special Government Pleader For Respondent No.3 : Mr.K.Balasubramani Standing Counsel For Respondents 5&6 : Mr.S.Deenadhayalan Standing Counsel For Respondents 8&9 : Mr.AN.Ramanathan

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner seeks for a direction to the respondents 1 to 7 herein not to give building plan approval, water tap connection, electricity service connection to the illegal construction works at Old Survey No.641 corresponding to New Survey No.441 at Kondarasankadu, Inam Karur Village, Karur District which forms part of the subject matter of the pending suit in O.S.No.414 of 2004 on the file of the learned District Munsif Court, Karur by preventing the respondents 8 and 9 from proceeding with their illegal constructions without obtaining proper building plan 3/6

approval, electricity service connection and Tax Assessment on the basis of the petitioner's representation dated 30.01.2023. 2.The learned Counsel for the private respondents ie., respondents 8 and 9, on instructions, gave an undertaking before this Court that the respondents 8 and 9 will not proceed with the construction in the aforesaid property without getting proper approval from the competent authority.

3.The said statement is recorded.

4.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] 27.03.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Office of the Collectorate, Karur District.

2.The Superintendent of Police, Karur District, 3.The Commissioner, O/o. Karur Municipal Corporation, Karur, Karur District.

4.The Tahsildar, Karur Taluk Office, Karur District.

5.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Formerly known as TNEB, Kovai Road, Karur.

6.The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Formerly known as TNEB, Kovai Road, Karur.

7.The Inspector of Police, Karur Town Police Station, 5/6

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 27.03.2024 6/6