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Madras High CourtWP(MD)/19086/2014disposed of

P.Venkatesan v. The District Collector

2021-04-27Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.19086 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.19086 of 2014 (Through Video Conference) P.Venkatesan ... Petitioner Vs.

The District Collector, Virudhunagar District, Virudhunagar.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent ie., the District Collector, Virudhunagar to take appropriate action on the petitioner's representation dated 27.07.2014 on merits and in accordance with law within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondent : Mrs.M.Rajeswari Government Advocate

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondent to consider the representation made by the petitioner on 27.07.2014 wherein the petitioner has sought for permission to convert his agricultural lands into house sites.

2. The case of the petitioner is that the subject properties were inherited by him and he was carrying on with the agricultural activity by irrigating the lands from the adjacent Tank. The further case of the petitioner is that the adjacent Tank was subsequently utilised for the purpose of construction of a District Court Complex and as a result of the same, the petitioner was not able to carry on with the agricultural activity and his lands have become dry lands.

3. The petitioner made a representation to the respondent seeking for the permission/ concurrence to convert the 'wet land' as 'house site'. Since the same was not considered, the present writ petition was filed before this Court.

4. Heard Mr.S.Visvalingam, learned counsel for the petitioner and Mrs.M.Rajeswari, learned Government Advocate for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19086 of 2014

5. As per section 47(A) of the Tamil Nadu Town and Country Planning Act 1971, any conversion of the wet land can be done only with the prior concurrence of the District Collector. The petitioner has made a representation in this regard on 27.07.2014 and the same has not been considered till date.

6. In view of the above, there shall be a direction to the petitioner to make a fresh representation to the respondent along with all relevant documents and seek for the conversion of the wet land and the respondent, on receipt of the representation, shall deal with the same and pass appropriate orders within a period of eight weeks from the date of receipt of the representation from the petitioner, in accordance with law.

7. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) sts NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The District Collector, Virudhunagar District, Virudhunagar.

+1 CC to M/s.SPL GP ( SR-18077[F] dated 29/04/2021 ) Order made in W.P.(MD)No.19086 of 2014 Dated: 27.04.2021 mj(CO) TR(17.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2