Annadurai. G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Annadurai ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Deputy Director of Town and Country Planning, South Street, Sundaram Nagar, Thanjavur.

3.The Block Development Officer (Village Panchayat) Block Development Office, Budalur, Thanjavur District.

4.The President, Palaiyapatti Village Panchayat, Budalur Union, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to pass resolution through the 4th respondent for regularization of 118 plots situated in S.F. Nos.22/3, 23/2 and 23/4B at Vignesh Nagar, Palaiyapatti South Village, Budalur Taluk, Thanjavur District by considering the petitioner's 1/4

representations dated 14.08.2022 and 12.09.2022 within stipulated time as may be fixed by this Court.

For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.D.Gandhiraj Special Government Pleader for R1 to R3 : Mr.B.Jameel Arasu for R4

ORDER

Heard both sides.

2. The petitioner wants the petition mentioned plots to be regularised. For that, he wants the fourth respondent to pass resolution. The petitioner would contend that the plots in the vicinity had already been regularised by passing resolution and that in the present case alone, resolution is not being passed. The first respondent is the Inspector of Panchayats. He can always issue direction to the fourth respondent, if the petitioner's case is in order.

3. The stand of the local body is that the plot is overlapping with a water body and therefore, the resolution cannot be passed. I do not want to go into the disputed facts. It is for the first respondent to consider the petitioner's representation and issue appropriate direction to the fourth respondent. The first respondent shall conclude the exercise within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

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4. The Writ Petition is disposed of accordingly. No costs. 13.03.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Deputy Director of Town and Country Planning, South Street, Sundaram Nagar, Thanjavur.

3.The Block Development Officer (Village Panchayat) Block Development Office, Budalur, Thanjavur District.

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G.R.SWAMINATHAN, J.

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