Madras High CourtWP(MD)/6300/2024disposed of

D.R.Prem Chandar v. The Principal Secretary

2024-06-05Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.5900 of 2024 D.R.Prem Chandar ... Petitioner Vs.

1.The Principal Secretary, Rural Development and Panchayat Department, Secretariat, Chennai.

2.The Principal Secretary, Public Works Department, Secretariat, Chennai.

3.The District Collector, Office of the District Collector, Madurai District.

4.The Director, Office of the Directorate of Town and Country Planning, Directorate of Town and Country Planning, Aringar Anna Maligai 3rd Floor, Madurai Corporation Office, Tallakulam, Madurai.

5.The Superintendent of Police, Superintendent of Police Office, K.Pudur, Madurai.

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6.The President, Uthappanaickannur Panchayat, Uthappanaickannur, Usilampatti Taluk, Madurai.

7.P.David Jawahar (R7 is impleaded vide order dated 08.04.2024 in W.M.P.(MD)No.6787 of 2024) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the respondents herein from according permission for the construction of the Memorial Building to Mr.Late.D.Pandian in the suit property in O.S.No. 1440/2022 on the file of the IInd Additional Sub Judge, Madurai by considering his representation dated 02.03.2024.

For Petitioner : Mr.VB.Sundhareshwar For Respondent : Mr.P.Thambi Durai Government Advocate for R1 to R4 & R6 : Mr.A.Albert James Government Advocate (Crl.side) for R5 : Mrs.P.Jessi Jeeva Priya for R7

ORDER

Heard both sides.

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2. It is not in dispute that the property on which the proposed structure is to come up is the subject matter of O.S.No.1440 of 2022 on the file of the II Additional Sub Judge, Madurai. If the petitioner wants relief against the private respondents, injunction can be obtained in the said suit. I grant such liberty to file a fresh IA. Admittedly, as on date only foundation stone laying ceremony had been held. No construction as such has come up. If according to the petitioner, a building is going to put up, then obviously permission will be required. If it is a mere statue, then permission is not required. If against law any structure comes up, it is always open to the petitioner to move this Court again for appropriate relief. I make it clear that I have not gone into the merits of the matter. All the contentions of the respective parties are left open.

3. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

05.06.2024 Index : Yes / No Internet : Yes/ No rmi 3/5

G.R.SWAMINATHAN, J.

rmi To 1.The Principal Secretary, Rural Development and Panchayat Department, Secretariat, Chennai.