Siddippu, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.3939 of 2018 and WMP(MD) No.4089 of 2018 Siddippu ... Petitioner -vs1.The Commissioner Kadayanallur Panchayat Union, Kadayanallur, Tirunelveli District 2.The Special Officer President, Thirukoodapuram Village Panchayat, Kadayanallur Panchayat Union, Kadayanallur Taluk Tirunelveli District 3.The Inspector of Police, Puliyangudi Police Station, Puliyangudi Tirunelveli District 4.JannathulFirthouse ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to restrain the respondents from making any unauthorised construction in the immediate north of this petitioner's house, with door No.192B new Door No.188A, in ward No.4 in S.No.941/1A in Thirukoodapuram Panchayat, in Kadayanallur Panchayat Union in Tirunelveli District.

For Petitioner : Mr.F.X.Eugene For Respondents :

Mr.D.Sasikumar for R1 to R3 Additional Government Pleader No appearance for R4

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.F.X.Eugene, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader for the respondent Nos. 1 to 3.

2. The learned counsel for the petitioner submits that the respondent No.4 is carrying out unauthorised construction.

3. On 20.03.2018, this Court had recorded the submission of the learned Additional Government Pleader that the petitioner has also put up unauthorised construction. This Court also observed that inspection of the petitioner's property should be conducted and first respondent was directed to file a report as regards the exact state of affairs of both in respect of the petitioner's property as well as the fourth respondent's property.

4. The learned Additional Government Pleader submits that inspection was conducted and the fourth respondent submitted an application for building permission on 16.02.2018. The same could not be processed because of the pendency of the writ petition.

5. The statutory authority is not injuncted or prevented from performing its statutory duties. It is for the statutory authority to process the application in accordance with law.

6. If any unauthorised construction exists, then, the planning authority may take further steps in accordance with law.

7. 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.] 31.08.2023 NCC : Yes / No Index : Yes / No RR To 1.The Commissioner Kadayanallur Panchayat Union, Kadayanallur, Tirunelveli District 2.The Special Officer President, Thirukoodapuram Village Panchayat, Kadayanallur Panchayat Union, Kadayanallur Taluk Tirunelveli District 3.The Inspector of Police, Puliyangudi Police Station, Puliyangudi Tirunelveli District

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

RR W.P.(MD)No.3939 of 2018 31.08.2023