Saraswathi Aatchi(Died) v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.808 of 2017 Saraswathi Aatchi, (Died) K.Ramanathan : Appellant /4th respondent Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Tiruppattur Taluk Office, Tiruppattur, Sivagangai District.

3.The Executive Officer, Nerkuppai Town Panchayat, Nerkuppai, Sivagangai District.

.. 1 to 3 Respondents/ 1 to 3 Respondents 4.SP.Nt.Ramanathan .. Respondent 4/ Writ Petitioner (Cause title accepted vide Court order dated 24.11.2016, made in CMP (MD) No.10794/2016 in W.A.(MD) SR No.35493/2016 by MSNJ & JNBJ) PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order dated 01.07.2016 passed by the learned Single Judge made in W.P.(MD)No.12278 of 2010 on the file of this Court. For Appellant : Mr.T.Vadivelan For R1 & R2 : Mr.V.Muruganantham Additional Government Pleader For R3 : Mr.J.Gunaseelan Muthaiah For R4 : Mr.K.Dinesh Babu

JUDGMENT

************* [Judgment of the Court was made T.S.SIVAGNANAM, J.] Heard Mr.T.Vadivelan, learned counsel appearing for the appellant and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the first and second respondents and Mr.J.Gunaseelan Muthaiah, learned counsel for the third respondent and Mr.K.Dinesh Babu, learned counsel for the fourth respondent. 2.By consent of both sides, this writ appeal itself is taken up for final disposal.

3.This appeal has been filed by the son of the 4th respondent in the writ petition, challenging the order passed by the learned Single Judge made in W.P.(MD)No.12278 of 2010, filed by the 4th respondent herein, challenging the order passed by the 3rd respondent Panchayat dated 06.08.2010, refusing to grant building plan permission.

4.The Writ Court by the impugned order dated 01.07.2016, set aside the order dated 06.08.2010, passed by the Town Panchayat and directed the fourth respondent/writ petitioner to represent the building plan with a direction to the third respondent herein to consider and dispose of the application for building plan with notice to the appellant/fourth respondent.

5.The grievance of the appellant is that his mother is the owner of the land in which the fourth respondent has constructed a building and he has no title over the land and the Revenue Divisional Officer has rightly passed an order not to grant building plan approval and without obtaining plan approval, the fourth respondent has constructed the building on the land of his mother. 6.It is an admitted fact that the appellant/fourth respondent did not appear before the Writ Court. Therefore, the issues pointed out before this Court were not placed before the Writ Court for consideration. In any event, taking note of the allegations made by the appellant, we are inclined to dispose of this Writ Appeal with a slight modification of direction issued in the writ petition. 7.Accordingly, the Writ Appeal is disposed of and the direction issued in paragraph 8 of the impugned order dated 01.07.2016 is modified to the following effect:

In the result, the fourth respondent herein is directed to resubmit the building plan before the third respondent Town Panchayat within a period of three weeks from the date of receipt of a copy of this judgment and on receipt of the plan being resubmitted to the third respondent/Town Panchayat, the third respondent Town Panchayat shall issue notice to the appellant as well as the fourth respondent, peruse all the documents placed before them and then pass a reasoned order on merits in accordance with law on the application for building plan approval. The above exercise shall be completed with in a period of six weeks from the date on which the

building plan is resubmitted by the fourth respondent. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Tiruppattur Taluk Office, Tiruppattur, Sivagangai District.

3.The Executive Officer, Nerkuppai Town Panchayat, Nerkuppai, Sivagangai District.

+1cc to Mr.T.Vadivelan Advocate in SR. No.62630 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. NO.62883 LS JS/JC/SAR.2/13.07.2017/3P-6C JUDGMENT MADE IN W.A.[MD].No.808 of 2017 29.06.2017