Vanitha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Vanitha ... Petitioner vs.

1 The District Collector, Collectorate Campus, Sivagangai, 2 The Director/commissioner of Rural Devlopment and Panchauat Raj, Panagal Building, 4,5th Floor, Abdul Razzak Street, Jennis Road, Saidapet, Chennai-600 015.

3 The Assistant Director, Town Panchayat, Collectorate Campus, Sivagangai, Sivagangai District.

4 The Tahsildar Taluk Office, Ram Nagar, Devakottai, 5 The Block Development Officer, Block Development Office, Devakottai, 6 The Panchayat President, Panagulam Village, Devakottai Taluk, 1/5

7 The Panchayat Secretary, Panagulam Village, Devakottai Taluk, 8 Baluldurai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents 1 to 7 herein to take appropriate steps the illegal unauthorized construction made by the 8th Respondent in Survey No. 180/34 having an extent of 0.01.14 Ares situated at Panagulam Group and Village, Devakottai Taluk Sivagangai District, by considering the petitioner's representation, dated 06.03.2023 within a stipulated time as that may be fixed by this Hon'ble Court.

For Petitioner : Mr.A.Saravanan For R-1 to R-4 : Mr.S.P.Maharajan, Special Government Pleader For R-5 to R-7 : Mr.N.Nirmal Kumar, Government Advocate For R-8 : Mr.P.Muthusamy

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the Respondents 1 to 7 herein, to take appropriate steps for the illegal unauthorized construction made by the 8th Respondent in Survey No.180/34 measuring to an extent of 0.01.14 Ares situated at Panagulam Group and Village, Devakottai Taluk Sivagangai District, by 2/5

considering the petitioner's representation, dated 06.03.2023, within a stipulated period.

2. When the matter is taken up for hearing today, the learned counsel appearing for the eighth respondent would submit that the eighth respondent has got approval from the panchyat for construction of the building in question and therefore, the prayer as sought for by the petitioner has become infructuous.

3.The learned counsel appearing for the eighth respondent has also produced a copy of the plan approved by the panchayat before this Court. 4.In view of the above, this writ petition is dismissed. No Costs. It is for the authorities to take necessary action if there is any deviation or violation of the approved building plan.

[D.K.K.,J.] [R.V.,J.] 25.03.2024 NCC : Yes / No Index : Yes / No PM 3/5

To 1 The District Collector, Collectorate Campus, Sivagangai, 2 The Director/commissioner of Rural Devlopment and Panchauat Raj, Panagal Building, 4,5th Floor, Abdul Razzak Street, Jennis Road, Saidapet, Chennai-600 015.

3 The Assistant Director, Town Panchayat, Collectorate Campus, Sivagangai, Sivagangai District.

4 The Tahsildar Taluk Office, Ram Nagar, Devakottai, 5 The Block Development Officer, Block Development Office, Devakottai, 6 The Panchayat President, Panagulam Village, Devakottai Taluk, 7 The Panchayat Secretary, Panagulam Village, Devakottai Taluk, 4/5

D. KRISHNAKUMAR,J.

and R.VIJAYAKUMAR,J.

PM ORDER MADE IN DATED : 25.03.2024 5/5