Periyasamy v. The Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2017

CORAM:

THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN and THE HON'BLE Mr.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.9756 of 2017 and W.M.P(MD).No.7482 of 2017 Periyasamy ... Petitioner Vs.

1. The Commissioner of Municipal Administration, 6th Floor, Ezhilagam Annex Building, Chepauk, Chenni-600005.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Regional Director of Municipal Administration, Regional Office, Tirunelveli.

4. The Commissioner, Sivakasi Municipality, Sivakasi, Virudhunagar District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents not to grant Building Plan approvals to anybody for constructing any kind of building at Pathirakaliyamman Temple bearing old Survey No.628/1 and Resurvey No.725 to 762 with an extent of acres 133 and 12 cents situated in Sivakasi Town. For Petitioner : Mr.R.Murugappan For Respondents : Mr.Rajakarthikeyan, Additional Government Pleader.

O R D E R

(Order of the court was made by M.V.MURALIDARAN, J.) The petitioner seeks for a Writ of Mandamus, directing the respondents not to grant Building Plan approvals to anybody for construction any kind of building at Pathirakaliyamman Temple https://hcservices.ecourts.gov.in/hcservices/

bearing old Survey No.628/1 and Resurvey No.725 to 762 with an extent of acres 133 and 12 cents situated in Sivakasi Town. 2.The learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In view of the limited scope of the prayer, without going into the merits of the matter, the respondents are directed to consider the representation dated 10.02.2017 after giving opportunity of personal hearing to the petitioner as well as necessary parties on merits and in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected W.M.P.(MD) No.7482 of 2017 is closed.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Municipal Administration, 6th Floor, Ezhilaga Annex Building, Chepauk, Chenni-600005.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Regional Director of Municipal Administration, Regional Office, Tirunelveli.

4. The Commissioner, Sivakasi Municipality, Sivakasi, Virudhunagar District.

+ 1 CC TO Mr.R.MURUGAPPAN, ADVOCATE IN SR No. 57572 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 57731 CM TE/SKN/SAR-IV : 01/06/2017 : 2P/7C W.P(MD)No.9756 of 2017 and W.M.P(MD).No.7482 of 2017 25.05.2017 https://hcservices.ecourts.gov.in/hcservices/