Regu Thilak D.John v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.18971 of 2021 Regu Thilak D.John ... Petitioner vs.
1 The District Collector Kanyakumari District, At Nagercoil.
2 The Revenue Divisional Officer/ Sub Collector, Padmanabhapuram, Thuckalay Post, Kanyakumari District.
3 The Assistant Director Mines and Minerals, Collectorate Campus, Nagercoil, Kanyakumari District.
4 The Assistant Director Town and Country Planning, Collectorate Campus, Nagercoil-1, Kanyakumari District.
5 The Tahsildar Kalkulam Taluk, Thuckalay Post, Kanyakumari District.
6 The Executive Officer Kallukootam Town Panchayat, Kallukootam Post, Kanyakumari District.
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7 D.Mahizh Thanga Kumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 6 to take appropriate action against the 7th respondent for unauthorized construction put up by the 7th respondent in re-survey No.270/9, 270/6A and 270/6B admeasuring 9 cents 250 square lings of Neyoor Village, Kanyakumari District in violation of the plan permission granted by the 6th respondent by considering the representation dated 23.08.2021 and 10.09.2021.
For Petitioner : Mr.S.C.Herold Singh For R-1 to R-6 : Mr.T.Amjad Khan, Government Advocate For R-7 : Mr.Ragatheesh Kumar forbearing M/s.Isaac Chambers
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 6, to take appropriate action against the 7th respondent for the unauthorized construction put up by the 7th respondent in re-survey Nos.270/9, 270/6A and 270/6B, admeasuring 9 cents 250 square lings of Neyoor Village, Kanyakumari District, in violation of the planning permission granted by the 6th respondent, by considering the representation of the petitioner, dated 23.08.2021 and 10.09.2021.
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2. When the writ petition is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner is no more.
3. According to the learned Government Advocate, planning permission was obtained by the seventh respondent. But, there is deviation in the construction of the building in question.
4. In view of the above, based on the submission made by the learned counsel appearing on either side, we direct the respondents 1 to 6, to take necessary action if there is any violation of the planning permission in the construction put up by the seventh respondent, by following due process of law.
5. With the above direction, this writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 13.03.2024 NCC : Yes / No Index : Yes / No 3/5
PM To:
1 The District Collector Kanyakumari District, At Nagercoil.
2 The Revenue Divisional Officer/ Sub Collector, Padmanabhapuram, Thuckalay Post, Kanyakumari District.
3 The Assistant Director Mines and Minerals, Collectorate Campus, Nagercoil, Kanyakumari District.
4 The Assistant Director Town and Country Planning, Collectorate Campus, Nagercoil-1, Kanyakumari District.
5 The Tahsildar Kalkulam Taluk, Thuckalay Post, Kanyakumari District.
6 The Executive Officer Kallukootam Town Panchayat, Kallukootam Post, Kanyakumari District.
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D.KRISHNAKUMAR ,J.
and R.VIJAYAKUMAR,J.
PM ORDER MADE IN DATED : 13.03.2024 5/5