Mr.A.Krishnasamy v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.22769 of 2018 A.Krishnaswamy ... Petitioner -vs1.The Government of Tamil Nadu Represented by its Principal Secretary Department of Hindu Religious and Charitable Endowments Chennai - 600 009 2.The Commissioner Hindu Religious and Charitable Endowment O/o.The Commissioner (HR & CE) Chennai - 34 3.The Joint Commissioner O/o.Joint Commissioner Hindu Religious and Charitable Endowment Thiruvananthapuram Road Palayamkottai, Tirunelveli District 4.The Assistant Commissioner Hindu Religious and Charitable Endowment Mettu Street, Vadiveeswaram Nagercoil - 629 002

5.The District Collector O/o.District Collector Kanyakumari District 6.The Assistant Director Town and Country Planning Nagercoil Kanyakumari 7.The Nagercoil Municipality Represented by its Commissioner Nagercoil Kanyakumari District 8.The Superintendent of Police O/o.Superintendent of Police Nagercoil Kanyakumari District 9.The Inspector of Police Kottar Police Station Nagercoil Kanyakumari District 10.The Settur Nayinar Desia Vinayagar Devasthana Trust Represented by its Managing Trustee Kottar, Nagercoil Kanyakumari District 11.C.Thanunadha Babu 12.Bhagiyanadan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 2 to 8 to forbear the respondents 10 to 12 from making any further illegal constructions in Survey

No.1445, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District and consequently direct the respondents 2 to 8 to demolish the illegal constructions made by respondents 10 to 12, within the time stipulated by this Court.

For Petitioner :

Mr.P.Vetrivel For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 & R6 Mr.P.Aathimoolapandian for R7 Mr.S.S.Madhavan Government Advocate (Crl. Side) for R8 & R9 Ms.J.Anandhavalli for R10 Mr.M.P.Senthil for R11 & R12

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 2 to 8 to forbear the respondents 10 to 12 from making any further illegal constructions in Survey No.1445 of Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District and consequently to direct the respondents 2 to 8 to demolish the illegal constructions made by respondents 10 to 12, within the time stipulated by this Court.

2. According to the learned counsel appearing for the respondents 11 and 12, on instructions, submits that the respondents 11 and 12 made renovation works in the existing building by constructing a bathroom therein. In such circumstances, the petitioner made a complaint against them alleging that they are putting up a construction unauthorizedly.

3. In view of the above submission of the learned counsel for the respondents 11 and 12, if the alleged construction is only a renovation work, the authority concerned shall consider the same and if there is any violation of the planning permit, the authority concerned shall take necessary action for removal of the same, in accordance with law, as expeditiously as possible.

4. 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.] 27.03.2024 (3/11) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Principal Secretary, Government of Tamil Nadu, Department of Hindu Religious and Charitable Endowments, Chennai - 600 009.

2.The Commissioner, Hindu Religious and Charitable Endowment, O/o.The Commissioner (HR & CE), Chennai - 34.

3.The Joint Commissioner, O/o.Joint Commissioner, Hindu Religious and Charitable Endowment, Thiruvananthapuram Road, Palayamkottai, Tirunelveli District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Mettu Street, Vadiveeswaram, Nagercoil - 629 002.

5.The District Collector, O/o.District Collector, Kanyakumari District.

6.The Assistant Director, Town and Country Planning, Nagercoil, Kanyakumari.

7.The Superintendent of Police, O/o.Superintendent of Police, Nagercoil, Kanyakumari District.

8.The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.22769 of 2018 27.03.2024 (3/11)