P.Perumal, S/O.Paramasivam v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.14481 of 2016 P.Perumal ... Petitioner /vs./ 1.The Commissioner, Kayathar Panchayat Union, Kayathar, Kovil Patti Taluk, Thoothukudi District.

2.The President, Therkku Elanthaikulam Village Panchayat, Kovilpatti Taluk, Thoothukudi District.

3.Santhana Mariyappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondent not to give plan approval to the 3rd respondent to construct the house in the petitioner Survey No.320/3A situated at Therkku Elanthaikulam Village, Kovilpatti Taluk, 1/4

Thoothukudi District on the basis of the petitioner's representation dated 03.10.2016.

For Petitioner : Mr.Thirunavukarasan For R1 & R2 : Mrs.D.Farhana Ghoushia Special Government Pleader

ORDER

The writ petitioner is seeking for a direction not to grant plan approval to the third respondent.

2.Pending the writ petition, the plan approval has been granted. The suit has been filed by the third respondent against the petitioner, which was decreed in his favour and the first appeal has also been preferred by the petitioner. 3.Giving liberty to the petitioner to workout his remedy in the civil suit, the Writ Petition is closed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 08.12.2022 Non Speaking : Yes / No mm 2/4

To 1.The Commissioner, Kayathar Panchayat Union, Kayathar, Kovil Patti Taluk, Thoothukudi District.

2.The President, Therkku Elanthaikulam Village Panchayat, Kovilpatti Taluk, Thoothukudi District.

3/4

K.KUMARESH BABU, J.

mm 08.12.2022 4/4