Chellammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Chellammal ... Petitioner -vs1.The District Collector Thoothukudi District 2.The Block Development Officer Vilathikulam Thoothukudi District 3.The Tahsildar Vilathikulam Taluk Thoothukudi District 4.Perumalakkal ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to stop the further construction of building by the fourth respondent in respect of the land in

Survey No.363/30, situated at Manthikulam Village, Vilathikulam Taluk, Thoothukudi District, by considering the petitioner's representation dated 29.08.2022.

For Petitioner :

Mr.S.Ramasamy For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 & R3 Mr.V.Nirmal Kumar Government Advocate for R2

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the second respondent to stop the further construction of building by the fourth respondent in the land in Survey No.363/30 of Manthikulam Village, Vilathikulam Taluk, Thoothukudi District, by considering the petitioner's representation dated 29.08.2022.

2. According to the petitioner, alleging that the fourth respondent is constructing a house in the subject land without obtaining proper building approval from the competent authority, she gave a representation to the

second respondent on 29.08.2022. Since the same did not evoke any response, the present writ petition is filed.

3. Learned Government Advocate appearing for the second respondent, on instructions from Mr.A.Siva Sundaram, Zonal Deputy Block Development Officer, Vilathikulam Panchayat Union, Thoothukudi District, who is present before this Court, submits that the entire construction works have already been completed by the fourth respondent.

4. In view of the above submission of the learned Government Advocate for the second respondent, no such direction as prayed for by the petitioner can be granted by this time and the writ petition is, therefore, dismissed as infructuous. No costs.

[D.K.K., J.] [R.V., J.] 07.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Thoothukudi District.

2.The Block Development Officer, Vilathikulam, Thoothukudi District.

3.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 07.03.2024