C.Sathyanesan@Amose v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.8070 of 2020 and W.M.P(MD)No.7486 of 2020 C.Sathiyanesan @ Amose ... Petitioner Vs.

1 The District Collector Kanyakumari District, at Nagercoil.

2 The Assistant Director of Town Panchayat, Kanyakumari District at Nagercoil.

3 The Executive Officer, Keelkulam Town Panchayat, Keelkulam, Kanyakumari District 4 Jobin Vinu ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents 1 to 3 to consider the petitioner's representation dated 28.05.2020 and to take

appropriate action under the Section 216 of the Tamil Nadu District Municipalities Act, 1920 as against the 4th Respondent and to restrain him from making further unauthorized construction and to demolish the unauthorized construction made in Ry.Survey No.537/18C situated at Thenkkinkarai, Keelkulam Desom, Keelkulam Village Vilavancode Taluk, Kanyakumari District.

For Petitioner :Mr.M.R.Sreenivasan For R-1 to R-3 :Mr.T.Amjad Khan, Government Advocate For R-4 :Mr.R.Murugan

O R D E R

[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 3, to consider the petitioner's representation, dated 28.05.2020 and to take appropriate action under the Section 216 of the Tamil Nadu District Municipalities Act, 1920, as against the 4th Respondent and to restrain him from making further unauthorized construction and to demolish the unauthorized construction made in Ry.Survey No.537/18C, situated at Thenkkinkarai, Keelkulam Desom, Keelkulam Village Vilavancode Taluk, Kanyakumari District.

2. However, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner is not interested in prosecuting the case.

3. In view of the said statement, this writ petition is dismissed. If there is any unauthorized construction, it is for the respondents authorities to take necessary action. No Costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K., J.] [R.V., J.] 13.03.2024 Index :

Yes / No PM To:

1 The District Collector Kanyakumari District, at Nagercoil.

2 The Assistant Director of Town Panchayat, Kanyakumari District at Nagercoil.

3 The Executive Officer, Keelkulam Town Panchayat, Keelkulam, Kanyakumari District

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.8070 of 2020 13.03.2024