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Madras High CourtWP(MD)/16086/2014dismissed

P.Shanmugam, v. The Member Secretary,

2018-03-13Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 29.08.2017 Pronounced on : 13.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.16086 of 2014 P.Shanmugam ... Petitioner vs.

The Member Secretary, Nagercoil Local Planning Authority, No.11 A, Ramani Pillai Street, Near P.D.Pillai Thirumana Mandapam, Ramavermapuram, Nagercoil.

... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent regarding his impugned communication, vide Na.Ka.O.Mu.890/2014.N.L.P.A dated 08.09.2014 and quash the same as illegal and arbitrary and consequently direct the respondent to consider the application of the petitioner, dated 24.01.2014 for building plan approval in the light of the approval granted by the Executive Officer, Suchindram Town Panchayat for construction of building of in the land comprised in Survey Nos.202/2, 202/5A and 202/7A1-B in Suchindram Village, Agastheeswaram Taluk, Kanyakumari District. For Petitioner : Mrs.Porkodi Karnan for M/s.Polax Solutions For Respondent : Mr.M.Govindan, Spl.G.P.

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The prayer in this writ petition is to quash the communication dated 08.09.2014 issued by the respondent/Nagercoil Local Planning Authority.

2.All that the writ petitioner states is that the petitioner was not justified in putting up construction even without getting prior permission and approval of the statutory authority. The impugned communication further states that in view of the order made in W.P.(MD) No.13838 of 2014, it is not possible to consider the resubmitted application filed by the writ petitioner. https://hcservices.ecourts.gov.in/hcservices/

3.Since this Court had already directed the respondent to consider the resubmitted application, no further orders are necessary in this matter. There is nothing in the impugned order that warrants any interference.

4.This writ petition is dismissed accordingly. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Member Secretary, Nagercoil Local Planning Authority, No.11 A, Ramani Pillai Street, Near P.D.Pillai Thirumana Mandapam, Ramavermapuram, Nagercoil.

+1cc to Spl.Government Pleader Sr.No.55725 ARUL VB/SKN/RSK/SAR4/19/04/2018/2P/3C Order made in W.P(MD)No.16086 of 2014 13.03.2018 https://hcservices.ecourts.gov.in/hcservices/