Vadivelan v. The Panchayat President

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.19331 of 2024 Vadivelan ... Petitioner -vs1.The Panchayat President, Thalakkavur Village Panchayat, Kallal Union, Sivagangai District.

2.N.Ranganayagi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order dated 10.09.2024 passed by the 1st respondent and quash the same. For Petitioner : Mr.N.Jeyaram Sidharth For 1st Respondent : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned Additional Government Pleader takes notice for the 1st respondent. Since we are not passing any adverse

order, notice to the 2nd respondent is deemed unnecessary. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 2.The challenge in the Writ Petition is to the notice issued by the President of Thalakkavur Panchayat, requiring the petitioner to remove the unauthorized development carried out by him.

3.The learned counsel appearing for the petitioner would submit that the action itself has been taken at the instance of certain third parties, who are claiming right over the property, which is in possession of the petitioner. The petitioner would claim that the actual construction is only a small shop measuring about 150 square feet.

4.Considering the nature of construction and the fact that a civil suit filed by the persons, who complained of unauthorized construction, has also been dismissed for default as early as on 30.09.2021, we deem it fit to permit the petitioner to seek retention of the building under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971, before the competent authority. If the petitioner makes an application within a period of four weeks from today, seeking retention, the competent authority will consider the same and pass appropriate orders, without being influenced by the fact that the petitioner has already been asked to remove the unauthorized

construction. Till such time, the representation of the petitioner is disposed of. The authorities shall not take any coercive action for demolition of the offending construction.

5.The Writ Petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 25.09.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn To The Panchayat President, Thalakkavur Village Panchayat, Kallal Union, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 25.09.2024