Manimekalai Sethuraman, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.11633 of 2016 Manimekalai Sethuraman .. Petitioner Vs.

1.The District Collector, Thanjavur, Thanjavur District.

2.The Revenue Divisional Officer, Kumbakonam, 3.The Tahsildar, Kumbakonam, 4.The Sub Registrar, Swamimalai, 5.The Block Development Officer, Kumbakonam Panchayat Union,

6.The Village Administrative Officer, Sundaraperumal Kovil Panchayat Union, 7.The Village Administrative Officer, Thiruvalanchuli Panchayat Union, 8.K.Subbian, Panchayat President, Thiruvalanchuli Panchayat Union, Kumbakonam Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct respondents 1 to 3 to take necessary and legal action against the persons who are all involved in illegal approval of layout and registering the documents in respect of S.No.23/1, 123/2, and 122/2 situated in Thiruvalanchuli Thattumal Padugai, Kumbakonam Taluk, Thanjavur District without getting prior permission from the petitioner panchayat by considering the petitioner's representation dated 13.04.2016.

For Petitioner :

Mr.AL.Kannan For R1 to R7 :

Mr.R.Suresh Kumar Additional Government Pleader For R8 :

No appearance

ORDER

This writ petition has been filed seeking for a mandamus by directing respondents 1 to 3 to take action against persons who are all involved in an illegal approval of layout and registering the documents in respect of S.Nos.23/1, 123/2, and 122/2 situated in Thiruvalanchuli Thattumal Padugai, Kumbakonam Taluk, Thanjavur District.

2. Admittedly, a layout approval had been given by the Local Planning Authority, Kumbakonam under the provisions of Section 47 of the Tamil Nadu Town and Country Planning Act, 1971. Against the very same grant of approval under Section 47 and Section 49, the instant Act also provides for an appeal. If the petitioner is aggrieved against the grant of such planning permission by the competent authority, it is for him to file an appeal before the appropriate authority as prescribed under the Tamil Nadu Town and Country Planning Act, 1971.

3. With the aforesaid liberty, this Writ Petition shall stand dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

03.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Thanjavur, Thanjavur District.

2.The Revenue Divisional Officer, Kumbakonam, 3.The Tahsildar, Kumbakonam, 4.The Sub Registrar, Swamimalai,

5.The Block Development Officer, Kumbakonam Panchayat Union, 6.The Village Administrative Officer, Sundaraperumal Kovil Panchayat Union, 7.The Village Administrative Officer, Thiruvalanchuli Panchayat Union,

K.KUMARESH BABU, J.

abr Dated: 03.12.2024