R.Christal Alias Christal Nesamani v. The Chairperson / District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.6906 & 6909 of 2025 R.Christal alias Christal Nesamani ... Petitioner vs.

1.The Chairperson/District Collector, High Level Monitoring Committee, Municipal Administration and Water Supply (MA.1) Department, Nagercoil - 629 001, 2.The Joint Director, District Town and Country Planning, Collector Office Campus, Nagercoil - 629 001, 3.The Assistant Director/Member Secretary, Nagercoil Local Planning Authority, Nagercoil - 629 001, 1/6

4.The Executive Officer, Kaliyakkavilai Town Panchayat, Padanthalumoodu Meenachal, Kaliyakkavilai - 629 163, 5.Ed Beula ... 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 4 to take immediate legal action against the illegal, ongoing authorized construction being made by the fifth respondent in Resurvey Nos.237/4B and 4C, Kaliyakkavilai Village, Kaliyakkavilai Town Panchayat, Vilavancode Taluk, including removal of the unauthorized development viz., the superstructure in the light of the petitioner's representations dated 19.03.2025, 28.03.2025 and 29.03.2025 within a reasonable time to be determined by this Court. For Petitioner : Mr.N.Dilip Kumar For RR 1 to 4 : Mr.M.Sarangan Additional Government Pleader For R - 5 : Mr.K.Ginimanuel

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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2.Heard the learned counsel appearing for the petitioner, Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents 1 to 4 and Mr.K.Ginimanuel, learned counsel appearing for the fifth respondent.

3.It is the grievance of the petitioner that her representation dated 29.03.2025, to take action against the illegal and ongoing authorized construction being made by the fifth respondent in Resurvey Nos.237/4B and 4C, Kaliyakkavilai Village, Kaliyakkavilai Town Panchayat, Vilavancode Taluk, including removal of the unauthorized development, is kept pending till date without any progress. Therefore, she has filed this Writ Petition with the aforesaid prayer.

4.The learned Additional Government Pleader appearing for the respondents 1 to 4 submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

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5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the respondents 3 and 4 to consider the representation of the petitioner dated 29.03.2025, after giving sufficient opportunity of personal hearing to the petitioner and the fifth respondent and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[J.N.B.,J.] & [S.S.Y.,J.] 02.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Chairperson/District Collector, High Level Monitoring Committee, Municipal Administration and Water Supply (MA.1) Department, Nagercoil - 629 001, 2.The Joint Director, District Town and Country Planning, Collector Office Campus, Nagercoil - 629 001, 3.The Assistant Director/Member Secretary, Nagercoil Local Planning Authority, Nagercoil - 629 001, 4.The Executive Officer, Kaliyakkavilai Town Panchayat, Padanthalumoodu Meenachal, Kaliyakkavilai - 629 163, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 02.04.2025 6/6