P.Ganesan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.19548 & 19549 of 2018 P.Ganesan ... Petitioner -vs1.The District Collector Thoothukudi District 2.The Revenue Divisional Officer Tiruchendur Taluk Thoothukudi District 3.The Executive Officer Nasarath Panchayat Tiruchendur Taluk Thoothukudi District

4.The Deputy Director of Town and Country Planning Tirunelveli Region 108, Thiruvananthapuram Road Palaiyamkottai Tirunelveli District 5.The Director of Town and Country Planning Thoothukudi Division Tirunelveli District 6.The Tahsildar Eral Taluk Office Eral, Thoothukudi District 7.The Village Administrative Officer Nasarath, Thoothukudi District 8.The Superintendent of Police Thoothukudi District Thoothukudi 9.The Inspector of Police Nasarath Police Station Thoothukudi District 10.The Bishop Thoothukudi Nasarath CSI Diocesan Thoothukudi District 11.The Chairman Pastorate CSI Diocesan Nasarath Tiruchendur Tauk ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 9 herein to stop all further construction of Reverened Mathew Church at S.N.89/2 A Nazarath Village, Tiruchendur Taluk, Thoothukudi District, in the light of the orders passed by the third respondent in his proceedings dated 09.10.2018 in Na.Ka.No. 55/2017.

For Petitioner :

Mr.D.S.Haroon Rasheed For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 to R9 Mr.K.Alagarsamy for R10 Mr.N.Dilip Kumar for R11

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 9 to stop all further construction of Reverened Mathew Church at Survey No.89/2, A Nazarath Village, Tiruchendur Taluk, Thoothukudi District, in the light of the orders passed by the third respondent in his proceedings dated 09.10.2018 in Na.Ka.No.55/2017.

2. According to the petitioner, the eleventh respondent is constructing a Church in the subject land without obtaining plan approval from the authority concerned. Though the third respondent, pursuant to the complaints made by the villagers, issued a proceedings in Na.Ka.No.55/2017, dated 09.10.2018, directing the eleventh respondent to stop the further construction of the Church, the eleventh respondent is continuing with the construction activities. Therefore, the present writ petition is filed.

3. Today, when the matter was taken up for hearing, learned counsels appearing for the private respondents, on instructions, submits that the construction work has been stopped and till the approval is obtained from the competent authority, no construction activities will be carried on in the subject property.

4. Recording the above submission of the learned counsels for the private respondents, this writ petition is disposed of. However, if any construction activities are carried on without obtaining permission from the competent authority, it is open to the petitioner to approach the authority

concerned for appropriate orders. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] [R.V., J.] 07.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer, Tiruchendur Taluk, Thoothukudi District.

3.The Executive Officer, Nasarath Panchayat, Tiruchendur Taluk, Thoothukudi District.

4.The Deputy Director of Town and Country Planning, Tirunelveli Region, 108, Thiruvananthapuram Road, Palaiyamkottai, Tirunelveli District.

5.The Director of Town and Country Planning, Thoothukudi Division, Tirunelveli District.

6.The Tahsildar, Eral Taluk Office, Eral, Thoothukudi District.

7.The Village Administrative Officer, Nasarath, Thoothukudi District.

8.The Superintendent of Police, Thoothukudi District, Thoothukudi.

9.The Inspector of Police, Nasarath Police Station, Thoothukudi District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) Nos.19548 & 19549 of 07.03.2024