Madras High CourtWP(MD)/6692/2025dismissed

G.Selvaraj @ Masanam v. The District Collector

2025-03-12Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.6692 of 2025 and WMP(MD) No.4948 of 2025 G.Selvaraj @ Masanam ... Petitioner v.

1. The District Collector, Tirunelveli District, Tirunelveli..

2. The Block Development Officer, Union Office, Cheranmahadevi, Tirunelveli District..

3. The Secretary, Kooniyoor Panchayat, Cheranmahadevi Taluk, Tirunelveli District..

4. Muthuselvi ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents 1 to 3 to take action against the 4th respondent for the unauthorized construction without getting building plan approval by considering petitioner's representation dated 28.02.2025, conducting enquiry.

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For Petitioner : Mr.M.Jegadeesha Pandian For Respondents : Mrs.D.Farjana Ghoushia for R1 Special Government pleader Mr.M.Sarangan for R2&R3 Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. Since no adverse orders are going to be passed against the 4th respondent, notice to the 4th respondent is dispensed with.

3. This writ petition has been filed for a direction to the respondents 1 to 3 to take action against the 4th respondent for the unauthorized construction without getting building plan approval by considering petitioner's representation dated 28.02.2025 and also by conducting enquiry.

4. The petitioner has given a representation on 28.02.2025 to the official respondents stating the 4th respondent has made unauthorized 2/5

construction in the common area. However, since the said representation has not been considered so far, the petitioner is before this Court with this writ petition.

5. When the matter was taken up for hearing, the learned Additional Government Pleader for the respondents 2 and 3 would submit that it is a private dispute between the parties and as far as unauthorized construction is concerned, notice has already been issued.

6. Considering the said submission, the concerned authorities are directed to take appropriate action on the unauthorized construction and in respect of the dispute between the parties, they are directed to approach the appropriate forum for remedy.

7. With the above direction and observation, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed.

[J.N.B.,J] [S.S.Y.,J] RR 12.03.2025 3/5

NCC : Yes/No Index : Yes/No To

1. The District Collector, Tirunelveli District, Tirunelveli..

2. The Block Development Officer, Union Office, Cheranmahadevi, Tirunelveli District..

3. The Secretary, Kooniyoor Panchayat, Cheranmahadevi Taluk, Tirunelveli District..

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J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WP(MD) No.6692 of 2025 Date : 12/03/2025 5/5