Ezhilan.S v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN S.Ezhilan ... Petitioner vs.

1.The Assistant Director, Town Panchayath Office, Collectorate Complex, Nagercoil, Kanyakumari, 2.The District Collector, Kanyakumari, 3.The Executive Officer, Kanyakumari Selection Grade Town Panchayath, Kanyakumari, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to stop the further progress of the constructions in Survey No. 658/4C, Main Road, Kanyakumari, 672/33 (South Car Street) and in Survey No.597 in Kanyakumari, Kanyakumari District, by

considering the petitioner's representation dated 27.06.2022 within specific period.

For Petitioner : Mr.Ka.Raamakrishnan For R1 & R2 : Mr.A.K.Manickam Special Government Pleader For R3 : Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] The writ petition has been filed to seek a direction on the respondents to stop further construction in Survey Nos.658/4C, Main Road, Kanyakumari, 672/33 (South Car Street) and in Survey No.597 in Kanyakumari, Kanyakumari District, by considering the petitioner's representation dated 27.06.2022. 2.

Learned Special Government Pleader appearing for the respondents 1 and 2 and the learned Government Pleader appearing for the third respondent submit that construction has already been stopped and no further construction would be carried out, unless it is so permissible.

3.

In view of the statement made by the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned Government Pleader appearing for the third respondent, nothing survives in the writ petition. 4.

In the light of the aforesaid, the Writ Petition has become infructuous, however, instead of dismissing it, it is disposed of with a direction that no illegal construction may be carried out or be allowed even in future in Survey Nos.658/4C, Main Road, Kanyakumari, 672/33 (South Car Street) and in Survey No.597 in Kanyakumari, Kanyakumari District. No costs. [M.N.B., C.J.] [G.C.S., J.] 29.08.2022 Index :

Yes / No Internet :

Yes / No bala/ssl To:

1.The Assistant Director, Town Panchayath Office, Collectorate Complex, Nagercoil, Kanyakumari,

2.The District Collector, Kanyakumari, Kanyakumari District.

3.The Executive Officer, Kanyakumari Selection Grade Town Panchayath, Kanyakumari,

THE HON'BLE THE CHIEF JUSTICE and G.CHANDRASEKHARAN , J.

bala/ssl ORDER MADE IN DATED : 29.08.2022