Mohana Backia Rani.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN A.Mohana Backia Rani ... Petitioner -vs1.The District Collector Kanyakumari District Nagercoil 2.The Block Development Officer Rajakkamangalam Union Rajakkamangalam Kanyakumari District 3.The President Melasankarankuzhi Panchayat Office Agasteeswaram Taluk Kanyakumari District 4.Radhakrishnan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the respondents 1 to 3 to take action against the fourth respondent and consequently remove the extra construction constructed by the fourth respondent and consider the representation of the petitioner dated 10.05.2022.

For Petitioner :

Mr.T.Selvakumaran For Respondents :

Mr.S.Kameswaran Government Advocate for R1 & R2 Mr.J.Ashok for R3

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in this writ petition is to direct the respondents 1 to 3 to take action against the fourth respondent and consequently to remove the extra construction put up by the fourth respondent, based on the petitioner's representation dated 10.05.2022.

2. Learned counsel for the petitioner made a submission that the fourth respondent has made some unauthorized construction and seeking to remove the same, the petitioner has given a representation to the official

respondents and since the same has not been considered, the petitioner is constrained to move the present writ petition.

3. Learned Government Advocate appearing for the respondents 1 & 2, relying on the letter dated 16.11.2023 received by him from the President, Melasankarankuzhi First Grade Panchayat, contended that the fourth respondent is in occupation of the house allotted by the Government eighteen years back at free of costs and he only maintains the said house and he has not put up any additional unauthorized construction.

4. In view of the above submission, we are not inclined to entertain this writ petition. Accordingly, the writ petition is dismissed. No costs.

[S.M.S., J.] [V.L.N., J.] 24.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Block Development Officer, Rajakkamangalam Union, Rajakkamangalam, Kanyakumari District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk 24.11.2023