Mangalanathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.18531 of 2024 Mangalanathan, S/o.Late.Manganathan ... Petitioner -vs1.The District Collector, District Collector Office, 2.The Tahsildar, Tahsildar Office, Ramanathapuram Taluk, 3.The Block Development Officer, Block Development Office (Village Panchayat), 4.The President, Puthaenthal Village Panchayat,

5.Ramasamy @ Navaaskhan, S/o.Late.Kattari ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representations dated 29.07.2024 and 30.08.2024 for initiating action against the fifth respondent for illegal and unauthorized building construction situated in Survey No.103/16, Kooriyur Village, Ramanathapuram Taluk, Ramanathapuram District, without obtaining building plan approval and pass appropriate orders within the period that may be stipulated by this Court. For Petitioner : Mr.R.Karunanithi For R1 to R4 : Mr.S.P.Maharajan Special Government Pleader

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 respondents 1 to 4 to consider the petitioner's representations dated 29.07.2024 and 30.08.2024 for initiating action against the fifth respondent for illegal and unauthorized building construction situated in Survey No.103/16, Kooriyur Village, Ramanathapuram Taluk, Ramanathapuram District, without obtaining building plan approval and pass appropriate orders within the period that may be stipulated by this Court.''

2. Admittedly, the suit in O.S.No.58 of 2023 filed by the petitioner against the fifth respondent before the District Munsif Court, Ramanathapuram, for recovery of possession, is pending.

3. Leaving it open to the petitioner to prosecute the suit to its logical conclusion, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 13.09.2024 smn2 To:- 1.The District Collector, District Collector Office, 2.The Tahsildar, Tahsildar Office, Ramanathapuram Taluk, 3.The Block Development Officer, Block Development Office (Village Panchayat),

4.The President, Puthaenthal Village Panchayat,

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 and W.M.P.(MD)No.18531 of 2024 13.09.2024