Madras High CourtWP(MD)/8013/2021disposed of

Amanullah v. The Asst.Director Of Town Panchayats

2021-04-19Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.8013 of 2021 and WMP(MD).No.6111 of 2021 Amanullah .. Petitioner Vs

1. The Assistant Director of Town Panchayats, Sivagangai Zone, Sivagangai District.

2. The Executive Officer, Thiruppathur Town Panchayat, Thiruppathur, Sivagangai District.

3. Ajmal Nazimkhan ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the 2nd respondent to comply the order of the first respondent vide his proceedings in O.Mu.No.3060/2020/D3 dated 08.02.2021 and take necessary action against the 3rd respondent within time frame. For Petitioner : Mr.T.Vadivelan For respondents : Mr.K.Mu.Muthu, Additional Government Pleader for R1 Mr.M.Muthugeethaiyan, Special Government Pleader for R2 Mr.Haja Mohideen for R3

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.T.Vadivelan, learned Counsel appearing for the writ petitioner, Mr.K.Mu.Muthu, learned Counsel appearing for the first respondent, Mr.M.Muthugeethaiyan, learned Special Government Pleader appearing for the second respondent and Mr.Haja Mohideen appearing for the third respondent.

2. The petitioner seeks for the relief, directing the second respondent to comply with the order of the first respondent, vide his proceedings in O.Mu.No.3060/2020/D3, dated 08.02.2021 and take necessary action against the third respondent.

3. Pursuant to the complaint given by the petitioner, the Town Panchayat has issued notice to the second respondent on 22.02.2021. The third respondent has directed to appear in person along with the records and the planning permission before the second respondent and satisfy that there is no deviation. The second respondent shall direct one of the Officers to conduct an inspection of the building, measure the construction which is going on and submit a report and based on the report and after hearing the third respondent, appropriate orders be passed on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Assistant Director of Town Panchayats, Sivagangai Zone, Sivagangai District.

2. The Executive Officer, Thiruppathur Town Panchayat, Thiruppathur, Sivagangai District.

+1 CC to M/s.M.MUTHUGEETHAYAN, Advocate ( SR-16680[F] dated 20/04/2021 ) +1 CC to M/s.SPL GP ( SR-16688[F] dated 20/04/2021 ) W.P.(MD) No.8013 of 2021 19.04.2021 RK (28.04.2021) 3P 5C