Madras High CourtWP(MD)/15580/2017disposed of

K.Samydurai, v. The District Collector

2017-09-19Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 15580 of 2017 K.Samydurai .. Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Tahsildar Office, Theni.

3.The Commissioner, Theni-Allinagaram Municipality, Theni.

4.The Assistant Engineer, Theni TNEB, Theni.

5.The Division Engineer, Highway Department, Theni.

6.A.Ravikumar .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation of the petitioner dated 11.07.2017.

For petitioner : Mr.Lakshmi Gopinathan For R1, R2, R4 & R5 : Mr.M.Govindan Special Government Pleader For R3 : Mr.K.Hema Karthikeyan For R6 : Mr.J.Alaguram Jothi

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner is the resident of the Aranmanaiputhur, Theni District and he complaints that the sixth respondent has put up an unauthorized construction in Survey No.271/2B, T.S.No.8/1, Ward-E, Block-17, in Aranmanaiputhur Vilakku, Theni District. https://hcservices.ecourts.gov.in/hcservices/

2.The learned Standing counsel appearing for the third respondent also submitted that the local body has rejected the building plan submitted by the sixth respondent. However, the learned counsel for the sixth respondent would submit that he has already given a revised plan. He would also contend that when the revised plan is pending consideration, the authorities cannot take any coercive measures. When a revised plan has been submitted to regularise the unauthorized construction, the third respondent is the authority competent to take action.

3. This Court therefore directs the third respondent to dispose of the writ petitioner's representation, dated 11.07.2017, in accordance with law, within a period of three months from the date of receipt of a copy of this order. Of course, the sixth respondent shall be put on notice before passing any final order.

4. Accordingly, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To: