Vijayakumar.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)No.6278 of 2023 S.Vijayakumar ... Petitioner vs.
1.The District Collector, Pudukottai.
2.The Executive Officer, Karambakudi Town Panchayat, Pudukottai District.
3.The Deputy Director, Town and Country Planning Department, No.430, Gandhi Street, Pudukottai District.
4.V.Marikannu 5.The Government of Tamil Nadu, Rep. By its Secretary, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
... Respondents [5th respondent is impleaded as per order of this Court, dated 29.08.2023, made in W.M.P.(MD)No.4791 of 2023) 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, forbearing the respondents from in any manner demolishing or locking and sealing of the building viz., the Kalyanamandapam viz., Sri Abi Thirumanamandapam, situate at Big Bazaar Street, Karambakudi, Pudukottai District, pending disposal of the Application for regularization under Section 113 C of the Tamil Nadu Town and Country Planning Act, dated 17.12.2018, before the third respondent herein.
For Petitioner : Mrs.AL.Ganthimathi Senior Counsel for Mr.C.Mahadevan For Respondent Nos.1 to 3 & 5 : Mr.J.Ashok Additional Government Pleader
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) Learned Senior Counsel for the petitioner submits that the premises of the petitioner, viz., Marriage Hall, is under lock and seal on the ground that permission is not obtained. Learned Senior Counsel for the petitioner further submits that the petitioner has given an application that he would not use the premises for Marriage 2/5
Hall and use it only for the purpose of residence and small shops. The application submitted by the petitioner for regularization is pending and now, the petitioner has also given a representation to the effect that he would give up his right to use the premise as Marriage Hall and use it only for the purpose of residence and small shops. The said application is stated to be pending with the third respondent.
2. The third respondent shall decide the application of the petitioner, within 15 days from today. Depending upon the decision taken, a further decision will be taken with regard to lock and seal of the building of the petitioner.
3. With the above observation, the Writ Petition stands disposed of. There will be no order as to costs. Consequently, W.M.P. (MD)No.6278 of 2023 is closed.
[S.V.G., CJ.] [C.K., J.] Index : Yes / No 29.08.2023 (2/2) smn2 3/5
To 1.The District Collector, Pudukottai.
2.The Executive Officer, Karambakudi Town Panchayat, Pudukottai District.
3.The Deputy Director, Town and Country Planning Department, No.430, Gandhi Street, Pudukottai District.
4.The Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
4/5
THE HON'BLE CHIEF JUSTICE and C.KUMARAPPAN, J.
smn2 ORDER MADE IN DATED : 29.08.2023 (2/2) 5/5