C.Subramanian v. The Principal Secretary To Govenrment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY C.Subramanian
...Petitioner
-Vs1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600009.
2.The District Collector, Tirunelveli District, Collectorate At Tirunelveli.
3.The Assistant Director of Village Panchayat, Tirunelveli District, Collectorate, At Tirunelveli.
4.The Block Development Officer, Valliyoor Panchayat Union, Valliyoor, Tirunelveli District.
5.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.
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6. R.Murugan 7.R.Subramanian 8.Rajam 9.Vasantha
...Respondents
PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus,directing the respondents 1 to 4 to take action against the unauthorized constructions made by the respondents 6 to 9, in the lands comprised in lands to an extent of about 55 cents comprised in Survey No.824/5 and Old Survey No.762/4 Levinjipuram Village, Radhapuram Taluk and Tirunelveli District, by considering the petitioner's representation dated 27.02.2025 within a time frame as may be fixed by this Court. For Petitioner : Mr.G.Aravinthan for Mrs. Arun Legal Consultancy For R1 to R3 & R5 : Mr.SS.Madhvan Government Pleader For R4 : Mrs.D. Farjana Ghoushia
ORDER
(Order of the Court was made by J.NISHA BANU, J.) By consent, this writ petition is taken up for admission at the admission stage itself.
2.Mr.S.S.Madhavan, learned Additional Government Pleader, takes notice for the respondents 1 to 3 and 5 and Mrs.D.Farjana Ghoushia, learned Special Government Pleader for the fourth respondent. 2/5
3.The grievance of the petitioner is that his representation dated 27.02.2025 seeking to take action against the respondents 6 to 9 for constructing the unauthorized constructions in the subject properties, has not been considered so far. Therefore, he has filed this Writ Petition. 4.The learned Special Government Pleader appearing on behalf of the official respondents submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court. 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 the Writ Petition, this Writ Petition is disposed of with a direction to the fourth respondent to consider the representation of the petitioner dated 27.02.2025 by giving an opportunity of hearing to the petitioner as well as the respondents 6 to 9 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.
any application is filed for plan approval, the same shall also be considered in accordance with law. No costs.
(J.N.B.,J.) (S.S.Y.,J.) 23.04.2025 Index:Yes/No Internet: Yes/No ta To 1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600009.
2.The District Collector, Tirunelveli District, Collectorate At Tirunelveli.
3.The Assistant Director of Village Panchayat, Tirunelveli District, Collectorate, At Tirunelveli.
4.The Block Development Officer, Valliyoor Panchayat Union, Valliyoor, Tirunelveli District.
5.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 23.04.2025 5/5