Evangelical Church Of India v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2017

CORAM

THE HON'BLE MR.JUSTICE K. RAVICHANDRABAABU W.P.(MD) No. 6891 of 2015 Evangelical Church of India, Rep. by its Secretary, Rev.J.Sundarraj, D.No.1, Second Street, Ormes Road, Kilpauk, Chennai-600 010.

... Petitioner -Vs1.The Revenue Divisional Officer, Tiruchendur Division, Tiruchendur, Tuticorin District.

2.The Executive Officer, Authoor Town Panchayat, Tiruchendur Taluk, Tuticorin District.

3.The District Collector, Thoothukudi District.

... Respondents (3rd respondent is impleaded as per order dated 15.02.2017 made in M.P(MD)No.1 of 2015, by KRCBJ) Prayer : Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the 2nd respondent to grant plan approval for the revised plan submitted by the petitioner on 05.01.2011 and consequently direct the 2nd respondent to permit the petitioner's society to construct the compound wall in the lands owned by the society in Survey Nos.376/2A and 376/2B in Authoor Village, Tiruchendur Taluk, Tuticorin District, by considering the petitioner's representation dated 30.01.2015 within a time frame that may be stipulated by this court.

For Petitioner : Mr. S.C.Herold Singh For Respondents : Mr. C.Selvaraj Special Government Pleader for R1 & R3 : Mr. Aayiram K.Selvakumar for R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition is filed seeking for a direction to the second respondent to grant planning approval based on the revised plan submitted by the petitioner.

2. It is represented by the learned counsel appearing for the second respondent that the revised plan submitted by the petitioner is sent to the third respondent/District Collector, for his orders and therefore, the matter is now pending before the third respondent.

3. The learned Special Government Pleader, who takes notice for the third respondent submitted that the third respondent will pass orders, within the time stipulated by this Court.

4. Considering the above stated facts and circumstances, without expressing any view on the claim made by the petitioner, I only direct the third respondent to pass orders on the revised plan submitted by the petitioner, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar To:

1.The Revenue Divisional Officer, Tiruchendur Division, Tiruchendur, Tuticorin District.

2.The Executive Officer, Authoor Town Panchayat, Tiruchendur Taluk, Tuticorin District.

3.The District Collector, Thoothukudi District.

+1 cc to M/S.S.C.HEROLD SINGH, Advocate SR.No.8385 +1 cc to Special Government Pleader SR.No.8636 W.P.(MD) No.6891 of 2015 15.02.2017 SMA/SV-MMS/28.02.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/