Pramila v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.17790 of 2024 Pramila, W/o.Gnanavel ... Petitioner -vs1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director (Panchayat), Dindigul Collectorate, Dindigul.

3.The Executive Officer, Battalakundu Town (Special) Panchayat, Dindigul District.

4.Sundaram, S/o.Mahalingam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to take action against the fourth respondent, who is doing construction in deviation of residential building plan approval 19/2024-25, dated 28.05.2024 in New S.No.1296/17 in Door Nos.

2-2-1, 2-2-1B, 2.2.1B1 and 2.2.1B2 at Government Higher Secondary School Street, Battalakundu Town Panchayat, Nilakkottai Taluk, Dindigul District, within the time fixed by this Court as according to law on the basis of petitioner's representation dated 10.08.2024.

For Petitioner : Mr.S.Mahesh Babu For R1 and R2 : Mr.S.R.A.Ramachandran Additional Government Pleader For R3 : Mr.P.T.Thiraviyam Government Advocate

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus directing the third respondent to take action against the fourth respondent, who is doing construction in deviation of residential building plan approval 19/2024-25, dated 28.05.2024 in New S.No.1296/17 in Door Nos.2-2-1, 2-2-1B, 2.2.1B1 and 2.2.1B2 at Government Higher Secondary School Street, Battalakundu Town Panchayat, Nilakkottai Taluk, Dindigul District, within the time fixed by this Court as according to law on the basis of petitioner's representation dated 10.08.2024.''

2. The petitioner claims that the construction activities being carried out by the fourth respondent are in violation of the planning permission granted.

3. Mr.P.T.Thiraviyam, learned Government Advocate appearing for the third respondent would submit that the third respondent has already issued a notice under Sections 199 and 205(1) and (2) of the Tamil Nadu District Municipalities Act, 1920, dated 23.08.2024, to the fourth respondent and action is underway.

4. Recording the said submission, this Writ Petition is disposed of, with a direction to the third respondent to pursue the action already initiated to its logical conclusion. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 03.09.2024 smn2

To:- 1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director (Panchayat), Dindigul Collectorate, Dindigul.

3.The Executive Officer, Battalakundu Town (Special) Panchayat, Dindigul District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 and W.M.P.(MD)No.17790 of 2024 03.09.2024