Sathyan N R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI N.R.Sathyan ... Petitioner Vs 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Village Panchayat, Collectorate Campus, Kanyakumari District, Nagercoil.

3.The Block Development Officer, Rajakkamangalam Panchayat Union, Agastheeswaram Taluk, Kanyakumari District.

4.The President / Dharmapuram Village Panchayat, Dharmapuram, Kanyakumari District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 4th respondent to grant building and planning approval to construct the residential house as well as shop in the site measuring an extent of 4 cents in Survey No. 41/2, now subdivided as Survey No.41/2B, North 1/5

Madhusoothanapuram Village, Agastheeswaram Taluk, Kanyakumari District by considering the petitioner's representation dated 05.07.2023 within a time frame to be fixed by this Court.

For petitioner : Mr.MP.Senthil For Respondent : Mr.PT.Thiraviyam Nos.1 and 2 Government Advocate For Respondent : Mr.Prakash Nos.3 and 4 Additional Government Pleader

ORDER

The petitioner has submitted an application seeking for building plan approval before the 4th respondent and the application of the petitioner has not been considered. Therefore this writ petition is filed.

2.When the writ petition is taken up for hearing, the learned Additional Government Pleader on written instructions submits that the application of the petitioner has already been rejected by the 4th respondent vide order dated 21.08.2023 and this order has also been communicated to the petitioner.

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3.The learned Counsel for the petitioner submits that as against the rejection of the application, the petitioner has filed an appeal before the first respondent / the District Collector under Rule 29(2) of the Tamil Nadu Panchayat Building Rules.

4.In view of the subsequent developments, this writ petition is disposed of with a direction to the 1st respondent to dispose of the appeal if any filed by the petitioner within a period of six weeks from the date of receipt of a copy of this order. No costs.

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To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Village Panchayat, Collectorate Campus, Kanyakumari District, Nagercoil.

3.The Block Development Officer, Rajakkamangalam Panchayat Union, Agastheeswaram Taluk, Kanyakumari District.

4.The President / Dharmapuram Village Panchayat, Dharmapuram, Kanyakumari District.

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B.PUGALENDHI, J.

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