Madras High CourtWP(MD)/8224/2020dismissed

C.Vasanthakumari v. The Director Of Town And

2024-03-13Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

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.8224 of 2020 and W.M.P(MD)No.7633 of 2020 C.Vasanthakumari ... Petitioner Vs.

1 The Director of Town and Country Planning, Directorate of Town and Country Planning, No. 807, Anna Salai, Chennai-600 002.

2 The Deputy Director of Town and Country Planning, Tirunelveli Region, Xavier Colony, South Bye-Pass Road, Tirunelveli - 627 0005.

3 The District Collector, Kanyakumari District at Nagercoil.

4 The Superintendent of Police, Kanyakumari District at Nagercoil.

5 The Commissioner Kuzhithurai Municipality, Vettuvenni, Marthandam Post, Kanyakumari District.

6 The Insepector of Police, Marthandam Police Station, Kanyakumari District.

7 Leela 8 Suseela 9 D.L.Joe ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to consider the petitioner's representation dated 16.07.2020 and to take appropriate action under section 216 of Tamil Nadu District Municipality Act, 1920 as against the respondents 7 to 9 herein for the illegal and unauthorized construction made by them in Re-survey No.C7/68 (old Survey No. 2436/3) situated at Nalloor Village, Marthandam Post, Kanyakumari District. For Petitioner :Mr.M.R.Sreenivasan For R-1 to R-3 :Mr.T.Amjad Khan, Government Advocate For R-4 & R-6 :Mr.S.S.Madhavan, Government Advocate(Crl. Side) For R-5 :Mr.P.Athimoola pandian For R-7, R-8 & R-9 :Mr.G.Antoprince

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 6 to consider the petitioner's representation dated 16.07.2020 and to take appropriate action under

section 216 of Tamil Nadu District Municipality Act, 1920 as against the respondents 7 to 9 herein for the illegal and unauthorized construction made by them in Re-survey No.C7/68 (old Survey No.2436/3) situated at Nalloor Village, Marthandam Post, 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 Director of Town and Country Planning, Directorate of Town and Country Planning, No. 807, Anna Salai, Chennai-600 002.

2 The Deputy Director of Town and Country Planning, Tirunelveli Region, Xavier Colony, South Bye-Pass Road, Tirunelveli - 627 0005.

3 The District Collector, Kanyakumari District at Nagercoil.

4 The Superintendent of Police, Kanyakumari District at Nagercoil.

5 The Insepector of Police, Marthandam Police Station, Kanyakumari District.

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.8224 of 2020 13.03.2024