Arulmigu Sri Varaprasatha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.9120 of 2018 Arulmigu Sri Varaprasatha Vinayagar Temple rep. by its Treasurer C.Mathikumar ... Petitioner -vs1.The District Collector Kanyakumari District at Nagercoil.

2.The Block Development Officer, Kurunthacode Pancayat Union, Kurunthacode Post Kanyakumari District.

3.Justin James ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to stop the

construction made by the 3rd respondent in S.No.735/16 Kakkottuthalai Village, Chekkaravizhai, Kanyakumari District based on the petitioner's representation dated 09.04.2018.

For Petitioner :

Mr.M.Sridharan For Respondents :

Mr.J.Ashok for R1 & R2 Additional Government Pleader Mr.S.C.Herold Singh for R3

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.M.Srinivasan, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader for the respondents 1 and 2 and the learned counsel for the third respondent.

2. The contention of the petitioner is that the respondent No.3 has carried out unauthorized construction.

3. The learned counsel for the respondent No.3 submitted that valid permission has been obtained for construction on 20.09.2018.

4. In light of that, the writ petition stands dismissed. However, there is no order as to costs.

[S.V.G., CJ.] [C.K., J.] 30.08.2023 NCC : Yes / No Index : Yes / No RR To 1.The District Collector Kanyakumari District at Nagercoil.

2.The Block Development Officer, Kurunthacode Pancayat Union, Kurunthacode Post Kanyakumari District.

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

RR W.P.(MD)No.9120 of 2018 30.08.2023