Somasekharan Nair.G v. The District Collector Of Kanyakumari
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.23771 of 2023 and W.M.P(MD)No.17834 of 2023 1.G.Somasekharan Nair 2.Sathiyabhama Amma ... Petitioners -vs1.The District Collector of Kanyakumari At Nagercoil, 2.The Panchayat Union Commissioner/Block Development Officer, Munchirai, Puthukadai P.O.,
3. The Secretary, Kanyakumari District Panchayat, 4.The Choozhal Village Panchayat, Represented by its Executive Authority / President, Choozhal, Adaikakuzhi P.O., Via Kaliakkavilai,
5.The Executive Authority/President, Choozhal Village Panchayat, Choozhal, Adaikalkuzhi P.O., Via Kaliakkavilai, 6.The Assistant Director of Panchayats, Kanyakumari District, 7.Thiruthuva Prasad 8.Sheela ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to take actions, inter alia, under the Tamil Nadu Panchayats Act, 1994, and the Tamil Nadu Panchayats Buildings Rules, 1997, thereby preventing respondents 7 and 8 from constructing any building in Re-survey No.50/11 of Choozal Village, Killiyoor Taluk, Kanyakumari District, below the level of its adjoining road on its eastern side and getting restored the property to its original state as it exist prior to the commencement of work by respondents 7 and 8 for construction in the same. For Petitioners :
Mr.K.N.Thampi For R-1, R-2, R-3 and R-6 :
Mr.S.P.Maharajan, Special Government Pleader For R-4 & R-5 : Mr.F.Deepak For R-7 & R-8 : Mr.S.Sivakumar
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] It is the case of the petitioners that the construction put up by the 7th and 8th respondents is not in accordance with the approved plan. The petitioners would claim that there is a Cellar that has been constructed without planning permission. Since the existence of the Cellar itself was disputed stoutly by the respondents 7 and 8, we had required the second respondent, namely, the Block Development Officer, Munchirai, Puthukadai Post, Kanyakumari District, to inspect the property and file a report. He has filed a report stating that there is a cellar floor and a ground floor. Plan of the existing construction has also been produced. But, the plan of the existing construction shows that there is some construction beneath the ground level. While Mr.K.N.
Thampi, learned counsel appearing for the petitioners would contend that it is Cellar, Mr.S.Sivakumar, learned counsel appearing for the respondents 7 and 8, would contend that the land in question is sloping from the road and therefore, it is the ground floor which looks like a Cellar, we do not think that we can go into the question as to whether it is a Cellar or a ground floor and pronounce upon it in this proceedings under Article 226 of the Constitution of India.
2. Considering the fact that the property in question situate in Kanniyakumari District and the considering the landscape of the said District, we do not think that we can based on the photographs or plan, decide as to the actual lie of the land or the building in that area. We therefore, direct the fifth respondent to take into account the report submitted by the second respondent and if he is satisfied that the construction is not in tune with the approved plan, he is required to take steps to remove the offending construction. The fifth respondent is required to take future course of action within three months from the date of receipt of a copy of this order.
3. With the above direction, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 20.06.2023 NCC :
Yes/No Index :
Yes/No PM
To:
1.The District Collector of Kanyakumari At Nagercoil, 2.The Panchayat Union Commissioner/Block Development Officer, Munchirai, Puthukadai P.O.,
3. The Secretary, Kanyakumari District Panchayat, Nagercoil - 629001. 6.The Assistant Director of Panchayats, Kanyakumari District,
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
pm 20.06.2023