Eswaran .B v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR B.Eswaran ... Petitioner -vs1.The District Collector Madurai District Madurai-625 020 2.The Member Secretary Local Planning Authority Madurai Corporation Madurai-625 002 3.The Assistant Director of Village Panchayats District Collectorate Madurai District Madurai-625 020 4.The Block Development Officer Madurai West Panchayat Union Race Course Road Madurai-625 002

5.The Panchayat President Vaagaikulam Panchayat Kulamangalam Main Road Madurai-625 017 6.Karuppaiya 7.Packiyam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to take action under Rule 34 of the Taminadu Panchayat Building Rules, 1997 in the light of the petitioner's representation dated 09.04.2022, within the time stipulated by this Court. For Petitioner :

Mr.C.M.Mari Chellaiah Prabhu For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents to take action under Rule 34 of the Tami Nadu Panchayat Building Rules, 1997 in the light of the petitioner's representation dated 09.04.2022, within the time stipulated by this Court.

2. According to the petitioner, the respondents 6 and 7 are constructing a house in his property without obtaining necessary permission from the authority concerned. Seeking to take action against the respondents 6 and 7 under Rule 34 of the Tami Nadu Panchayat Building Rules, 1997, the petitioner submitted a representation, dated 09.04.2022, to the respondents 2 to 5 herein. However, the same is pending consideration before the respondents 2 to 5. Therefore, the petitioner has filed the present writ petition.

3. Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, we direct the respondent - Panchayat to consider the petitioner's representation dated 09.02.2022, and pass orders on merits and in accordance with law, after providing due opportunity to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 07.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District, Madurai-625 020.

2.The Member Secretary, Local Planning Authority, Madurai Corporation, Madurai-625 002.

3.The Assistant Director of Village Panchayats, District Collectorate, Madurai District, Madurai-625 020.

4.The Block Development Officer, Madurai West Panchayat Union, Race Course Road, Madurai-625 002.

5.The Panchayat President Vaagaikulam Panchayat Kulamangalam Main Road Madurai-625 017

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 07.03.2024