Dhanapal.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.15895 & 15896 of 2021 A.Dhanapal ... Petitioner -vs1.The District Collector Dindigul District 2.The Assistant Director District Town and Country Planning Office Door No.14, Vivekanandha Nagar Dindigul-624 001 3.The Block Development Officer Block Development Office Vedasandur 4.The President Vembur Village Kovilur Panchayat Office Gujiliamparai Taluk Dindigul District 5.R.Raja ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to take suitable action forbearing the fifth respondent from in any manner putting up construction of a marriage hall or utilizing the property in S.No.641/1B10 of Vembur Village, Gujiliamparai Taluk, Dindigul District for any purpose without proper planning permission and other statutory compliances and further direct the official respondents to demolish the illegal construction put up by the private respondent in the property.

For Petitioner :

Mr.H.Lakshmi Shankar For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 to R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 4 to take suitable action forbearing the fifth respondent from in any manner putting up construction of a marriage hall or utilizing the property in S.No. 641/1B10 of Vembur Village, Gujiliamparai Taluk, Dindigul District for any

purpose without proper planning permission and other statutory compliances and further direct the official respondents to demolish the illegal construction put up by the private respondent in the property.

2. According to the petitioner, the fifth respondent is constructing a marriage hall in the subject land without obtaining any permission from the authority concerned.

3. Today, when the matter was taken up for hearing, learned Government Advocate appearing for the respondents 1 to 4, on instructions from the Deputy Director, Town and Country Planning, Dindigul District, submits that necessary action will be taken against the fifth respondent under the Tamil Nadu Town and Country Planning Act, 1971 and the fifth respondent was already informed by the authority concerned not to proceed with the construction of marriage hall and subsequent thereof, no construction activities are carried on in the subject property.

4. Recording the above submission of the learned Government Pleader, this writ petition is closed. However, if the fifth respondent started

construction of marriage hall in violation of the statutory provisions, it is open to the petitioner to approach the authority concerned and redress his grievance in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] [R.V., J.] 25.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Dindigul District.

2.The Assistant Director , District Town and Country Planning Office, Door No.14, Vivekanandha Nagar, Dindigul-624 001.

3.The Block Development Officer, Block Development Office, Vedasandur.

4.The President, Vembur Village, Kovilur Panchayat Office, Gujiliamparai Taluk, Dindigul District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) Nos.15895 & 15896 of 25.03.2024