J.P. Easter Duraipandiyan, v. The District 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 J.P.Easter Duraipandiyan ... Petitioner vs.

1.The District Collector, District Collectorate Office, Court Road, Thanjavur.

2.The Commissioner Municipality Office, Pattukottai.

3.T.Jeyaseelan 4.E.Johnson Samuvel ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 14.07.2015 requesting the second respondent to restrain the respondents 3 and 4 from putting up unauthorized construction of marriage hall in the premises of middle School belongs to TELC Bethlehem Church at Pattukottai in Survey No.43 in order to safeguard the school children in accordance with law.

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For Petitioner : Ms.S.Vijayashanthi For R - 1 : Mr.N.GA.Nataraj Government Advocate For R - 2 : Mr.J.Gunaseelan Muthiah (No appearance) For RR 3 & 4 : Mr.S.Poornachandran

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 second respondent to consider the representation of the petitioner dated 14.07.2015 and to restrain the respondents 3 and 4 from putting up unauthorized construction of marriage hall in the premises of Middle School belongs to TELC Bethlehem Church at Pattukottai in Survey No.43 in order to safeguard the school children in accordance with law.

2.According to the petitioner, the respondents 3 and 4 have made constructions unauthorizedly in the subject land. Seeking to remove the said unauthorized construction, he made a representation, dated 14.07.2015 to the respondents 1 and 2. Since the same has not been considered, the present Writ Petition has been filed. 2/5

3.Considering the facts and circumstances of the case, the respondents 1 and 2 are directed to conduct an inspection in the property in question and after inspection if any unauthorized construction or deviation is found, the authority concerned is directed to consider the representation of the petitioner, dated 14.07.2015 and pass appropriate orders on merits and in accordance with law, after providing due opportunity to the parties concerned. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition is disposed of. No costs.

[D.K.K.,J.] [M.D.I.,J.] 11.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, District Collectorate Office, Court Road, Thanjavur.

2.The Commissioner Municipality Office, Pattukottai.

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D. KRISHNAKUMAR ,J.

and M.DHANDAPANI,J.

ps ORDER MADE IN DATED : 11.01.2024 5/5