Gothanda Ramanujam v. The Disdtrict Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P(MD)No.1 of 2015 Gothanda Ramanujam ... Petitioner vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Block Development Officer, Sankarankovil Panchayat Union, Tirunelveli District.
3.The Deputy Director, Director of Town & Country Planning, Tirunelveli, Tirunelveli District.
4.Karivalamvanthanallur Panchayat, Represented by its President, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District.
5.A.Rajagopal ... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to take action against the illegal construction put up by the fifth respondent in Survey No.1021/A3 South Car Street, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District.
For Petitioner : Mr.R.J.Karthick For RR 1 to 3 : Mr.S.P.Maharajan Special Government Pleader For R - 4 : Mr.M.Rajarajan For R - 5 : Mr.J.C.Rathinavel Pandian (No appearance)
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to take action against the illegal construction put up by the fifth respondent in Survey No.1021/A3 South Car Street, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District.
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2.According to the petitioner, there is a deviation as per the building approved plan and therefore, action is to be taken for demolishing the deviation portion in the aforesaid property made by the fifth respondent. Hence, the petitioner sent a representation dated 03.11.2015 to the respondents 1 to 4 and the same has not been considered. Hence, the present Writ Petition is filed.
3.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent. 4.Considering the submissions made on either side, the authority concerned is directed to conduct inspection in the property in question and if there is any unauthorized construction or deviation, the authority concerned is directed to consider the representation of the petitioner, dated 03.11.2015 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner and fifth respondent. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 3/5
5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [M.D.I.,J.] 11.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Block Development Officer, Sankarankovil Panchayat Union, Tirunelveli District.
3.The Deputy Director, Director of Town & Country Planning, Tirunelveli, Tirunelveli District.
4.Karivalamvanthanallur Panchayat, Represented by its President, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District.
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D. KRISHNAKUMAR ,J.
and M.DHANDAPANI,J.
ps ORDER MADE IN DATED : 11.01.2024 5/5