Madras High CourtWP(MD)/17364/2017disposed of

A.A.C.Nawaz Ahamed, v. The District Collector

2017-09-14Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17364 of 2017 A.A.C.Nawaz Ahamed : Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Member Secretary, Thoothukudi Local Planning Authority, Thoothukudi.

: Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent to unlock and unseal the petitioner's premises in T.S.No.3291/1B2B2, Block 17, 4th Ward, Thoothukudi, within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.M.Govindan Special Government Pleader ***********

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner purchased the landed property in T.S.No.3291/1B2B2, Block 17, 4th Ward, Thoothukudi District. He obtained the planning permission on 08.07.2011. But, when he put up a construction, there was a deviation. Therefore, the second respondent took action and sealed the premises. The writ petitioner thereafter removed the offending portion. According to him, the building is presently in conformity with the approved plan. He, therefore, gave a fresh representation on 30.09.2015. Even though, the second respondent is satisfied that as on date there is no deviation, the premises remain under lock and seal. Hence, this writ petition has been filed to direct the second respondent to unlock and unseal the petitioner's premises. https://hcservices.ecourts.gov.in/hcservices/ 2.This Court directs the second respondent to consider and pass orders on the petitioner's representation dated 24.05.2017

within two weeks from the date of receipt of a copy of this order. If as on date there is no deviation from the approved plan, the second respondent shall unlock and unseal the said premises. 3.With this direction, this Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Member Secretary, Thoothukudi Local Planning Authority, Thoothukudi.

+One cc to M/s.Ajmal Associates, Advocate, SR.No.78973 +One cc to The Special Government Pleader, SR.No.79312 tsg RL/5C/2P/KP/SAR1/20/10/2017 Order made in W.P(MD)No.17364 of 2017 Dated 14.09.2017 https://hcservices.ecourts.gov.in/hcservices/