M.Selvin v. District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)Nos.850 and 851 of 2015 and M.P(MD) Nos.1 and 1 of 2015 W.P(MD) No.850 of 2015:

M.Selvin ..... Petitioner - Vs1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub Collector, Cheranmahadevi,

3. The Assistant Director, Town Panchayats, Tirunelveli District, Tirunelveli.

4. The Tahsildar, 1/8

5. The Executive Officer, Town Panchayat, Tisayanvilai, Radhapuram Taluk,

6. The Inspector of Police, Tisayanvilai Police Station, Tisayanvilai,

7. Maria Anthony Ammal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to take steps for the demolition or removal of the commercial complex building of the seventh respondent under construction in survey No.578/4 located at Tisayanvilai Udankudi Road in Tisayanvilai Village, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.P.Gunasekaran for S.R.Anbarasu For Respondents : Mr.M.Prakash Additional Government Pleader For - R-1 to R-4 : Mr.R.Anand - For R5 : Mr.R.M.S.Sethuraman Additional Public Prosecutor For R-6 : Mr.C.Dhanaseelan - For R7 2/8

W.P(MD) No.851 of 2015:

L.Bhagyaseelan .... Petitioner - Vs1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub Collector, Cheranmahadevi,

3. The Assistant Director, Town Panchayats, Tirunelveli District, Tirunelveli.

4. The Tahsildar,

5. The Executive Officer, Town Panchayat, Tisayanvilai, Radhapuram Taluk,

6. The Inspector of Police, Tisayanvilai Police Station, Tisayanvilai,

7. Maria Anthony Ammal ... Respondents 3/8

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to take steps for the demolition or removal of the commercial complex building of the seventh respondent under construction in survey No.578/4 located at Tisayanvilai Udankudi Road in Tisayanvilai Village, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.P.Gunasekaran for S.R.Anbarasan For Respondents : Mr.M.Prakash Additional Government Pleader For - R-1 to R-4 : Mr.R.Anand For - R-5 : Mr.R.M.S.Sethuraman Additional Public Prosecutor For - R-6 : Mr.C.Dhanaseelan For R-7 COMMON ORDER These Writ Petitions have been filed seeking for a Writ of Mandamus, directing the respondents 1 to 5 to take steps for the demolition or removal of the commercial complex building of the seventh respondent under construction in Survey No.578/4 located at Tisayanvilai Udankudi Road in Tisayanvilai Village, Radhapuram Taluk, Tirunelveli District. 4/8

2. The learned representing counsel for the petitioners would submit that the seventh respondent has constructed the commercial building in violation of the planning permission granted to them. He would contend that the seventh respondent was accorded permission only to construct ground floor and first floor, but, however, proceeded to construct the second floor. Therefore, they made a representations to the fifth respondent to take appropriate action. Since no action has been taken, they had approached this Court seeking for the aforesaid prayer.

3. Be that as it may, the petitioners had made representations to the fifth respondent to take appropriate action against the construction made by the seventh respondent which has not been considered till date. The petitioners are directed to make a fresh representation to the Local Planning Authority, Tirunelveli Region, Tirunelveli District. On receipt of such representation, the Local Planning Authority shall pass orders on merits and in accordance with law. However, before passing order, the Local Planning Authority shall afford an opportunity to all the parties concerned including the owner of the building, namely, the seventh respondent herein. Such exercise shall be carried on within a period of eight (8) weeks thereafter. 5/8

4. With the above said directions, these Writ Petitions are disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

24.01.2023 NCC: Yes / No (2/2) Index :

Yes / No Internet :

Yes / No ebsi 6/8

To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub Collector, Cheranmahadevi,

3. The Assistant Director, Town Panchayats, Tirunelveli District, Tirunelveli.

4. The Tahsildar,

5. The Executive Officer, Town Panchayat, Tisayanvilai, Radhapuram Taluk,

6. The Inspector of Police, Tisayanvilai Police Station, Tisayanvilai,

7. The Local Planning Authority, Tirunelveli Region, 7/8

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)Nos. 850 and 851 of 2015 24.01.2023 (2/2) 8/8