Madras High CourtWP(MD)/6/2019dismissed

N.Santhanaraj, v. The District Collector,

2022-08-29Honourable The Chief Justice,Honourable Mr Justice G. Chandrasekharan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN N.Santhanaraj .. Petitioner Vs 1.The District Collector, Tuticorin District, Tuticorin.

2.The Commissioner, Tuticorin Corporation, Tuticorin.

3.The Member Secretary, Local Planning Authority, Tuticorin District, Tuticorin.

4.Gnanam Backery, 5.Sri Valli Backery 6.Sri Shanmuga Stores 7.M.V.M.Pethu Vinayagar Stores 8.Nellai 9.Jeyapratha Readymades 10.Annai Jewellery 11.Selvaraj & Sons 12.Ponmari Readymades .. Respondents (R4 to R12 are impleaded vide Court order dated 10.01.2019 in W.M.P.(MD)No.587 of 2019)

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.12.2018 seeking appropriate action against the unauthorized construction without getting approval from the appropriate authorities and to remove constructions built in deviation from the plan approval originally issued by the respondents herein in Tuticorin, Palayamkottai Road from Naidu Mahajana Sangam to Cruz Fernand Road.

For Petitioner :No Appearance For R1 :Mr.S.R.A.Ramachandran Additional Government Pleader For R2 :Mr.N.Anandakumar For R3 to R12 : No Appearance

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) None appears for the petitioner and the respondents 3 to 12. Heard Mr.S.R.A.Ramachandran, learned Additional Government Pleader for the 1st respondent and Mr.N.Anandakumar, learned counsel for the 2nd respondent.

2.The learned Additional Government Pleader appearing for the 1st respondent submits that the building constructed 30 years back has

been made the subject matter, showing to be a recent construction without approval of plan. This Writ Petition has been filed with ulterior motive.

3.Since none appears on behalf of the petitioner and otherwise a serious objection about the bona fide of the petitioner has been made, there is no purpose in keeping this matter pending. 4.This Writ Petition is dismissed. No Costs. (M.N.B., CJ.) (G.C.S., J.) 29.08.2022 Index :Yes/No myr-sj To The District Collector, Tuticorin District, Tuticorin.

M.N.BHANDARI, CJ.

and G.CHANDRASEKHARAN , J.

myr/sj 29.08.2022