Ramanathan.K v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).Nos.5084 and 5085 of 2021 K.Ramanathan ... Petitioner -Vs1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Devakottai.

4. The Deputy Director of Town and Country Planning, Sivagangai.

5. The Tahsildar, Kraikudi Taluk,

6. The Commissioner, Karaikudi Municipality, Karaikudi.

(*R6 is Given Up Vide Order dated 07.09.2021 in Wp(MD).6531 of 2021)

7. The Correspondent, Chellappan Matriculation Higher Secondary School, Kalanivasal, Karaikudi.

8. The President, Sankarapuram Village Panchayat, Sakkottai Union, ... Respondents (*R8 is Impleaded Vide Court Order Dated 06.10.2021 in Wmp(MD). 13739 of 2021 in Wp(MD).6531 of 2021) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the official respondents to take appropriate action and demolish the unauthorized constructions made by the 7th respondent in Survey Nos.85/2B, 85/2D, 85/1A2, 85/1B2, 85/2A, 85/2C, 85/2F and 85/2E of Kalanivasal Revenue Village, Karaikudi and restore the Waterways /canal in 85/2D, 2A1, 2F, 2C of Kalanivasal Revenue Village, Karaikudi within a time frame to be fixed by this Court.

For Petitioner :

Mr.P.Shanmuga Raja For R-1 to R5 :

Mr.M.Sarangan Additional Government Pleader For R-6 : Mr.P.Mahendran (given up) For R-7 : Mr.J.Anand Kumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The petition allegations are that:

(a) the entire building constructed by respondent No.7 was illegal in as much as there was no building permission in place and (b) a water channel that passed through the land in the occupation of respondent No.7 has been deviated.

2.Counsel for the seventh respondent states that the building plan and approval have been subsequently obtained and the building has been regularised. It is a CBSE School.

3.As regards the deviation of water channel, counsel for petitioner states

that the channel is not blocked just the path has been deviated. Counsel states that he shall examine the permissions given to the seventh respondent after filing of the petition and thereafter seek instructions as to whether those permissions have to be challenged.

4.Writ Petition stands disposed. There shall be no order as to costs. Consequently, the interim applications are closed. [K.R.SHRIRAM., C.J.] [V.LAKSHMINARAYANAN,J.] 13.02.2025 NCC : Yes / No Index : Yes / No LR

To

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Devakottai.

4. The Deputy Director of Town and Country Planning, Sivagangai.

5. The Tahsildar, Kraikudi Taluk,

THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN, J.

LR 13.02.2025