Jeyakumar .D.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.8872 of 2023 R.Jeyakumar ... Petitioner -vs1.The District Collector Kanyakumari District Nagercoil-629 001 2.The Revenue Divisional Officer / Sub Collector Collectorate Office Kanyakumari District Nagercoil-629 001 3.The Tahsildhar Agastheeswaram Taluk Collectorate Office Kanyakumari District Nagercoil-629 001

4.The Assistant Director Directorate of Country and Town Planning Collectorate Office Nagercoil-629 001 Kanyakumari District 5.The Executive Engineer Agricultural Engineering Department 833, Industrial Estate Konnam, Nagercoil Kanyakumari District 6.The Assistant Director Department of Geology and Mining Collectorate Office Nagercoil-629 001 7.The District Forest Officer Timber Depot, Vadasery Nagercoil-629 004 Kanyakumari District 8.The Sub Registrar Vadasery S.L.B.Girls Government Higher Secondary School South Road, Nagercoil Kanyakumari District 9.The Executive Engineer P.D.Water Resources Development Kothayar Water Zone, Nagercoil Kanyakumari District 10.Anitha Nalini Henderson 11.Lalitha Palaiyah Henderson

12.P.N.George Samraj @ George P.Samraj 13.Sobana Samraj 14.Erik George Henderson ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to take action against respondents 10 to 14 against the illegal conversion of agricultural lands comprised in Survey No.22/2 and 22/6 in Kaniyankulam Village, Rajakkamangalam Block, Agastheeswaram Taluk, Kanyakumari District, into housing plots and layout without proper approval under the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in NonPlanning Areas) Rules, 2017. For Petitioner :

Mr.D.Christenson Jugunu For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R9

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 9.

2. It is the grievance of the petitioner that the respondents 10 to 14 have converted the agricultural land into housing plots, without obtaining proper permission.

3. Learned Government Pleader appearing for the respondents 1 to 9 would submit that the respondents 10 to 14 have obtained sanction under the Tamil Nadu Town and Country Planning Act, 1971 on 15.03.2023 and no objection certificate has also been issued by the Principal Chief Conservator of Forests on 10.01.2023 for such conversion.

4. In the light of the above, we do not see any reason to entertain this writ petition. The writ petition is, therefore, dismissed. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 02.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Kanyakumari District, Nagercoil-629 001.

2.The Revenue Divisional Officer / Sub Collector, Collectorate Office, Kanyakumari District, Nagercoil-629 001.

3.The Tahsildhar, Agastheeswaram Taluk, Collectorate Office, Kanyakumari District, Nagercoil-629 001.

4.The Assistant Director, Directorate of Country and Town Planning, Collectorate Office, Nagercoil-629 001, Kanyakumari District.

5.The Executive Engineer , Agricultural Engineering Department, 833, Industrial Estate, Konnam, Nagercoil, Kanyakumari District.

6.The Assistant Director , Department of Geology and Mining, Collectorate Office, Nagercoil-629 001.

7.The District Forest Officer, Timber Depot, Vadasery, Nagercoil-629 004, Kanyakumari District.

8.The Sub Registrar, Vadasery, S.L.B.Girls Government Higher Secondary School, South Road, Nagercoil, Kanyakumari District.

9.The Executive Engineer, P.D.Water Resources Development, Kothayar Water Zone, Nagercoil, Kanyakumari District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.8872 of 2023 02.06.2023