Jayalakshmi .V.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.M.Jayalakshmi ... Petitioner Vs.

1.The District Collector, 2.The Commissioner of Police, 3.The Commissioner, Madurai Corporation, 4.The Revenue Divisional Officer, Melur Taluk, 5.The Tahsildar, Melur Taluk, 6.The District Fire and Rescue Officer, 7.Padma ... Respondents (R7 is suo motu impleaded vide order dated 01.04.2024 in W.P.(MD)No.8053 of 2024 by GRSJ) 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to issue no objection certificate for construction / completion of the temple made by petitioner for the deities Nagammal, Rakayi, Kaliyamman, Pandi in Survey No.105/15 Vandiyur 2nd Bit village, Madurai North Taluk, Madurai on the basis of the reports given by respondents 2 to 6. For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R6.

Mr.Prasanna Vinoth for R7.

ORDER

Heard both sides.

2.The petitioner is putting up construction of a temple in her patta land. This is seriously questioned by the impleaded respondent. After substantially putting up construction, the petitioner has approached the first respondent for permission. The learned counsel for the petitioner draws my attention to the letter dated 07.03.2024 issued by the Government. 2/6

3.The first respondent is called upon to consider the petitioner's request and pass final order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. Before considering the petitioner's request, notice will be issued by the first respondent to the impleaded respondent. All the objections raised by the impleaded respondent shall be taken into account before passing final order. I make it clear that I have not gone into the merits of the matter. The issue is entirely left to the discretion of the first respondent.

4.This writ petition is disposed of accordingly. No costs. 01.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, 2.The Commissioner of Police, 3/6

3.The Commissioner, Madurai Corporation, 4.The Revenue Divisional Officer, Melur Taluk, 5.The Tahsildar, Melur Taluk, 6.The District Fire and Rescue Officer, 4/6

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G.R.SWAMINATHAN, J.

ias 01.04.2024 (2/2) 6/6