P.Sornamanickam, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR P.Sornamanickam ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Assistant Director of Town and Country Planning, Tirunelveli Region, 108, Tiruvananthapuram Road, Tirunelveli.

3.The Tahsildar, Sathankulam Taluk, Thoothukudi District.

4.The Executive Officer, Selection Grade Panchayat, Sathankulam, Thoothukudi District.

5.The President, Amudhunnakudi Village Panchayat, Sathankulam Taluk, Thoothukudi District.

... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the fourth respondent to give layout approval to the petitioner in respect of the land in Sy.Nos.381B/2A and 383B/1A, Sathankulam Village, Thoothukudi District measuring to an extent of 4.94 acre based on the proceedings of the second respondent in Na.Ka.No.3701/2012 TiLiMa3, dated 07.10.2013.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.P.Thambidurai (for R1 to R3) Government Advocate Mr.G.Muthukannan (for R4)

ORDER

The present writ petition has been filed seeking for a writ of mandamus directing the fourth respondent herein to grant layout approval based upon the technical approval already granted by the second respondent on 07.10.2013. As per the technical approval granted by the second respondent herein, the petitioner has to approach the fourth respondent Town Panchayat for a consequential approval. Since the approval was not granted by the fourth respondent herein, the present writ petition has been filed.

2/4

2.The learned counsel for the fourth respondent had filed a memo, dated 24.08.2015 said to have been issued by the fourth respondent herein. In the said memo, the fourth respondent has pointed out that the Survey numbers, for which layout approval is being sought for, does not fall within the Town Panchayat limits, but they fall within the Village Panchayat limits of the fifth respondent. 3.The said memo is taken on file. The petitioner is directed to approach the fifth respondent for approval. Incase, if any such consequential approval application is presented, the same shall be decided by the fifth respondent within a period of twelve(12) weeks from the date of submission of such application.

4.With the aforesaid observation, the Writ Petition stands disposed of. No costs.

18.08.2022 Index :

Yes / No Internet :

Yes / No Rmk 3/4

R.

VIJAYAKUMAR ,J.

Rmk To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Assistant Director of Town and Country Planning, Tirunelveli Region, 108, Tiruvananthapuram Road, Tirunelveli.

3.The Tahsildar, Sathankulam Taluk, Thoothukudi District.

Order made in Dated:

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