R.Shankaranarayanan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD).No. 3272 of 2017 and WMP(MD)No.2624 of 2017 R.Shankaranarayanan, S/o K.A.C Ramachandra Nadar, Sri Krishna Plastic Industries Opposite to RMTC Cplony, Mariamman Kovilpatti, Bodinayakanoor Road, Theni. .. Petitioner Vs.
1. The District Collector, Theni District.
2. The Deputy Director Town and Country Planning Authority, No.4, Hakeenajamal Khan Road, Chinachokikulam, Madurai
3. The Inspector of Police, Palanichettipatti Police Station, Theni District. .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the 3rd respondent in NA.KA.No.4/15 dated 12.07.2015 and quash the same.
For Petitioner : Mr.N.Ananthapadmanabhan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader
O R D E R
This writ petition has been filed to quash the proceedings of the 3rd respondent dated 12.07.2015.
2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.Mr.V.Vijayaraman, Special Sub Inspector of Police, Veerapandi Police Station, Theni District is present.
https://hcservices.ecourts.gov.in/hcservices/ 4.It is seen that the petitioner is the President of
Perunthalaivar Kamarajar Narpani Iyakkam and that when he took steps to built a meeting hall in the name of the Departed Late Lamented Mr.Kamarajar, former Chief Minister of the State, the third respondent has passed the impugned order dated 12.07.2015 prohibiting the petitioner from proceeding with the construction. 5.The learned counsel for the petitioner submitted that the petitioner was not proposing to construct any memorial for the departed leader, but had wanted to construct only a meeting hall, but whereas the impugned order proceeds on the premise that the petitioner is proceeding to construct a memorial. That apart, the petitioner has made necessary application to construct a meeting hall to the District Collector and other authorities for permission. While so, the police can have no objection, if the construction is made after getting due permission.
6. Mr.T.S.Mohammed Mohideen, Additional Government Pleader, fairly conceded the position and submitted that the impugned order is not on good taste.
7. In the result, this writ petition is allowed and the impugned order is hereby quashed with liberty to the petitioner to obtain necessary permission from the municipal authorities and proceed with the construction in his own patta land. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The District Collector, Theni District.
2. The Deputy Director Town and Country Planning Authority, No.4, Hakeenajamal Khan Road, Chinachokikulam, Madurai
3. The Inspector of Police, Palanichettipatti Police Station, Theni District.
+ 1 CC TO Mr.N.ANANTHAPADMANABHAN, ADVOCATE IN SR No. 13953 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 14078 RR TE/RR : 27/03/2017 : 2P/6C ORDER MADE IN W.P.(MD).No.3272 of 2017 and WMP(MD)No.2624 of 2017 10.03.2017 https://hcservices.ecourts.gov.in/hcservices/