M.Pakkir Mohideen v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.2950 of 2018 and WMP(MD) No.3115 of 2018 M.Pakkir Mohideen ... Petitioner -vs1.The Director, O/o. the Director of Town and Country Planning NO.807 anna Salai, Chennai.600 002.

2.The Deputy Director, Town and Country Planning Authority, Tirunelveli Regional South By-pass Road Tirunelveli District 3.The Executive Officer, Cheranmahadevi Town Panchayat, Cheranmahadevi, Tirunelveli District 4.The Sub Registrar, Sub Registrar Office, Cherankoilpathu Tirunelveli District

5.M.J.Jamaldeen ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to forbear the respondents Nos.1 to 4 from sanctioning the building approval and register any document in connection with the Survey Nos.37/1B, 38/1A2, 30/1A1, 36/1A2 situated at Cherankoilpathu Village, Cheranmahadevi, Tirunelveli District which are the subject matter of the civil suit in O.S.No.141 of 2014 pending before the Wakf Tribunal (Principal Subordinate Court, Tirunelveli) till the disposal of the appeal dated 07.02.2018. For Petitioner : Mr.I.Pinaygash For Respondents :

Mr.D.Sasikumar for R1 & R2 Additional Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.I.Pinaygash, learned counsel for the petitioner, and Mr.D.Sasikumar, learned Additional Government Pleader for the respondents 1 and 2.

2. The learned counsel for the petitioner submits that after filing of the present writ petition, the petitioner has preferred an appeal before the competent

authority against the sanction of lay out. A civil suit between the parties are also pending.

3. This Court, under order dated 14.02.2018 had directed the third respondent to maintain status quo. The said order is in force. It is submitted by the learned counsel for the petitioner that the appeal is not yet decided. The appeal preferred by the petitioner before the respondent No.1 shall be decided within six months from today. Till the appeal is decided, the order of status quo passed by this Court earlier shall continue.

4. The writ petition is disposed of accordingly. However, there shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. [S.V.G., CJ.] [C.K., J.] 01.09.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Director, O/o. the Director of Town and Country Planning NO.807 anna Salai Chennai.600 002.

2.The Deputy Director, Town and Country Planning Authority, Tirunelveli Regional South By-pass Road Tirunelveli District

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.2950 of 2018 01.09.2023