Nallama Naidu. N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.13366 of 2023 N.Nallama Naidu ... Petitioner vs.

1. The District Collector, Office of the District Collector, Theni.

2. The Revenue Divisional Officer, Uthamapalayam,

3. The Block Development Officer, Chinnamanoor,

4. The President, Sheepalakottai Village, Uthamapalayam Taluk,

5. R.Nallama Naidu ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 31.05.2023 and

pursuant to take necessary action against the 5th respondent to stop the illegal unauthorized construction in Survey No.848/13 Sheepalakottai Village, Uthamapalayam Taluk, Theni District. For Petitioner : Mr.C.Senthil Murugan For R1 to R4 : Mr.J.Ashok Additional Government Pleader For R5 : Mr.A.R.Kannappan

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.C.Senthil Murugan, learned counsel appearing for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1 to 4 and Mr.A.R.Kannappan, learned counsel for the 5th respondent. 2.

The petitioner alleges unauthorised construction on the part of the 5th respondent.

3.

Going by the cause title, we do not find that the petitioner even resides in the said village. According to the petitioner, he owns property adjacent to the property of the 5th respondent. No document is placed on record. In view of that, the petitioner has no reason to file the present writ petition.

4.

The learned Additional Government Pleader appearing for the respondents 1 to 4 submits that the application of the 5th respondent for approval of the building plan is rejected on 08.08.2023. 5.

According to the learned counsel for the 5th respondent, the documents are submitted.

6.

The authority is seized of the matter. It is for the authority to take further steps in accordance with law. 7.

The Writ Petition is accordingly disposed of. No costs. Connected miscellaneous petition is closed.

[S.V.G., C.J.] [C.K., J.] 30.08.2023 Index : Yes / No bala To

1. The District Collector, Office of the District Collector, Theni.

2. The Revenue Divisional Officer, Uthamapalayam,

3. The Block Development Officer, Chinnamanoor,

4. The President, Sheepalakottai Village, Uthamapalayam Taluk,

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.

bala 30.08.2023