A.Thomas Kirubaharan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)Nos.11371 and 11372 of 2024 A.Thomas Kirubaharan ... Petitioner vs.
1. The District Collector, Collectorate, Korampallam, Thoothukudi District, Thoothukudi.
2. The Assistant Director of Panchayat, O/o.AD Panchayat, Collectorate, Kokirakulam, Tirunelveli, Tirunelveli District.
3. The Revenue Divisional Officer, O/o. RDO, Tiruchendur, Thoothukudi District.
4. The Executive Officer, Nazareth Selection Grade Panchyat, Nazareth, Thoothukudi District.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertain to the impugned memo in Na.Ka.702/2023 dated Page No.1 of 5
30.05.2024 passed by the 4th respondent from disturbing the construction of the house as due building construction approval was already obtained.
For Petitioner : Mr.V.Rajiv Rufus For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader
ORDER
R.MAHADEVAN, A.C.J.
AND G.R.SWAMINATHAN , J.
Heard both sides.
2.
The petitioner had obtained building permission from the local body. While so, vide communication dated 30.05.2024, the 4th respondent had called upon the petitioner to stop further construction. A complaint was received from one Juliet that the petitioner has committed encroachment.
Though the impugned letter had peremptorily directed the petitioner to stop work, a careful reading of the same would indicate that it is only a show cause notice. The local body wants to conduct survey and find out whether the said allegation is well founded.
3.
We are of the view that interference is not warranted at this Page No.2 of 5
stage. We dispose of this writ petition by directing the 4th respondent to hear the petitioner in person. The petitioner through his counsel states that he will furnish his detailed explanation within seven days from the date of receipt of a copy of this order. The respondents will complete the survey exercise and pass final order by taking into account the petitioner's explanation. This shall be done by the 4th respondent within a period of two weeks from the date of receipt of the petitioner's explanation. We make it clear we have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petitions are closed.
[R.M.D., A.C.J.] & [G.R.S., J.] 18.06.2024 Index : Yes / No bala To
1. The District Collector, Collectorate, Korampallam, Thoothukudi District, Thoothukudi.
2. The Assistant Director of Panchayat, O/o.AD Panchayat, Collectorate, Kokirakulam, Tirunelveli, Tirunelveli District.
Page No.3 of 5
3. The Revenue Divisional Officer, O/o. RDO, Tiruchendur, Thoothukudi District.
4. The Executive Officer, Nazareth Selection Grade Panchyat, Nazareth, Thoothukudi District.
Page No.4 of 5
R.MAHADEVAN, A.C.J.
AND G.R.SWAMINATHAN , J.
bala 18.06.2024 Page No.5 of 5