Kumaranesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 17.08.2022 PRONOUNCED ON : 26.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.12716 of 2022 Kumaranesan ... Petitioner Vs 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Assistant Director, Town & Country Planning, Collectorate Campus, Nagercoil., Kanyakumari District.

3.The Executive Officer, Karungal Town Panchayat, Kanyakumari District.

4.R.Thurairaj ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to forward the petitioner's application dated 07.06.2019 along with building plan for approval to the second respondent for necessary action to get planning approval to the petitioner's building site comprised in S.No.591/16, Midalam Village, Vadalikudavilai, Melasundhavilai, Karungal Post, Kanyakumari District, as directed in the order dated 23.12.2021 of the first respondent by passing orders on the representation dated 16.07.2022.

For Petitioner : Mr.G.Justin For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 & R.2 Mr.R.Raghavendran Government Advocate for R.3 Mr.N.Sudhagar Nagaraj for R.4

ORDER

In view of the order made in W.P(MD)No.13195 of 2022 dated 26.06.2023, the building in question cannot be utilized for religious purpose. As already observed by the Hon'ble Divison Bench in W.P(MD)No.6493 of 2019 etc batch dated 19.09.2019, the premises can be put to use for residential accommodation. To construct any building, approval from the planning authority is required. The residential building also requires planning 2/4

authorities' approval. The petitioner's application shall be considered by the planning authorities / respondents 2 and 3. The application shall be forwarded to the respondents as expeditiously as possible. The respondents 2 and 3 shall consider the said application and pass order if the construction can be regularized for residential purposes. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 2.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 26.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Assistant Director, Town & Country Planning, Collectorate Campus, Nagercoil., Kanyakumari District.

3.The Executive Officer, Karungal Town Panchayat, Kanyakumari District.

Pre-delivery Order made in 26.06.2023 4/4