K. Nageswari, v. The President,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2017

CORAM

THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE P.KALAIYARASAN W.P(MD) Nos.9009 & 15612 of 2015 K.Nageswari ... Petitioner in WP(MD)No.9009/15 R.Ganesan ... Petitioner in WP(MD)No.15612/15 -vs1.The President, Chidambarapuram - Jacobpuram Village Panchayat, Valliyoor Panchayat Union, Chidambarapuram, Tirunelveli District.

2.The Block Development Officer, Valliyoor Panchayat Union, Tirunelveli District.

3.Ganesan ... Respondents in WP(MD)No.9009/15 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, (Village Panchayat) Valliyoor Panchayat Union, Tirunelveli District.

3.The President, Chidambarapuram - Jacopuram Village Panchayat, Chidambarapuram, South Karungulam via, Tirunelveli District.

... Respondents in WP(MD)No.15612/15 WP(MD)No.9009 of 2015 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to demolish the unauthorized and illegal construction made by the 3rd respondent Survey No.83/2A Palavoor Part II Village, Radhapuram Taluk, Tirunelveli

District within a time stipulated by this Court. WP(MD)No.15612 of 2015 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the impugned final order passed by the 3rd respondent dated 22.05.2015 in connection with the existing super structure belonging to the Petitioner at Door No.No.1/237-A Mela Amman Temple Street, Chidambarapuram Village, Karungulam Via Radhapuram Taluk, Tirunelveli District for demolition and the subsequent communication by the 2nd respondent dated 25.05.2015 made in Na.Ga.No.B3/455/2015 following the impugned order of the 3rd respondent and quash the same as illegal and devoid of merits forthwith.

WP(MD)No.9009/15 For Petitioner: Mr.B.Jameel Arasu For R - 1 : Mr.S.Vinayak For R - 2 : Mr.M.Govindan Special Government Pleader For R - 3 : Mr.P.Ramasamy WP(MD)No.15612/15 For Petitioner: Mr.P.Ramaswamy For R - 1 : Mr.M.Govindan Special Government Pleader For R - 2 : M/s.J.Gayathri For R - 3 : Mr.S.Vinayak COMMON ORDER [Order of the Court was made by A.SELVAM, J.] WP(MD)No.9009 of 2015 has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 2 to demolish the unauthorised and illegal construction made by the third respondent in Survey No.83/2A, Palavoor Part II Village, Radhapuram Taluk, Tirunelveli District.

2.WP(MD)No.15612 of 2015 has been filed under Article 226 of the Constitution of India praying to call for records relating to the communication issued by the second respondent dated 25.05.2015 in Na.Ga.No.B3/455/2015 followed by the third respondent and quash the same.

3.In WP(MD)No.9009 of 2015, it is averred that the third respondent has put up unauthorised and illegal construction in Survey No.83/2A without getting prior approval from the concerned authority. Under the said circumstances, the present Writ Petition has been filed for getting the relief sought therein.

4.In WP(MD)No.15612 of 2015 it is averred that the petitioner has constructed a house in his patta land and its door number is 1/237-A. The second respondent has issued show cause notices and also issued demolition notice and the same has been followed by the third respondent. Under the said circumstances, the present Writ Petition has been filed for getting the relief sought therein.

5.Considering the nature of relief sought in both the Writ Petitions, this Court is inclined to discuss the relief sought in WP(MD)No.15612 of 2015.

6.It is an admitted fact that the third respondent in WP (MD)No.9009 of 2015 and the petitioner in WP(MD)No.15612 of 2015 has constructed a house in his patta land without obtaining necessary permission nor approval from the concerned panchayat. Under the said circumstances, WP(MD)No.9009 of 2015 has been filed.

7.It is seen from the records that the second respondent has issued show cause notices and also issued demolition notices simultaneously. Considering the fact that the petitioner in WP(MD) No.15612 of 2015 has constructed a house in his patta land and also considering that he has not obtained prior approval from the concerned panchayat, this Court is inclined to give ample opportunity to the petitioner therein to get the benefits available under the concerned Act and therefore, WP(MD)No.15612 of 2015 is liable to be allowed. Since WP(MD)No.15612 of 2015 is liable to be allowed, the relief sought in WP(MD)No.9009 of 2015 cannot be granted. However, if there is any encroachment in any portion of the land of the petitioner, the petitioner therein is directed to approach the civil Court.

8.In fine, WP(MD)No.9009 of 2015 is dismissed without cost. Consequently, MP(MD)Nos.1 and 2 of 2015 and WMP(MD)No.18113 of 2016 are closed.

9.WP(MD)No.15612 of 2015 is allowed without cost. The impugned order dated 25.05.2015 passed in Na.Ga.No.B3/455/2015 by the second respondent followed by the third respondent is quashed. The petitioner is directed to make proper representation so as to get the benefits available in the concerned Act within a period of one month. If there is any deviation on the part of the petitioner, the concerned local authority is at liberty to take appropriate action. Consequently, MP(MD)No.2 of 2015 is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar

To 1 The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, (Village Panchayat) Valliyoor Panchayat Union, Tirunelveli District.

+1cc to Mr.S.Vinayak, Advocate Sr.No. 4449 +2cc to Mr.B.Jameelarasu Advocate Sr.No. 4010 & 4448 +2cc to Mr.P.Ramaswamy Advocate Sr.No. 3991 & 3992 JAM/30.01.2017/ CM-MSA/SAR 2/4P-8C W.P(MD) Nos.9009 & 15612 of 2015 24.01.2017