Palanisamy v. The Revenue Divisional Officer

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.21464 of 2022 Palanisamy ... Petitioner -vs1.The Revenue Divisional Officer Sankarankovil Tenkasi District 2.The Executive Officer Vasudevanallur Town Panchayat Sankarankovil Tenkasi District 3.The Tahsildar Sivagiri Taluk Tenkasi District 4.The Inspector of Police Vasudevanallur Police Station Tenkasi District 5.Ramaiah Thevar 6.Arumugasamy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to take action on the petitioner's representation dated 31.10.2022 seeking to stop the construction put up by the respondents 5 and 6 without obtaining the building plan approval from the second respondent in S.Nos.1580/16, 1580/17 and 1580/18 situated in Manjanathu Kinattru Street, Naranapuram Village, Vasudevanallur Town Panchayat, Tenkasi District. For Petitioner :

Mr.R.J.Karthick For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R3 Mr.S.S.Madhavan Government Advocate (Crl.Side) for R4 Mr.B.Prahalad Ravi for R5 & R6

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 1 to 4 to take action on the petitioner's representation dated 31.10.2022 seeking to stop the construction put up by the respondents 5 and 6 without obtaining the building plan approval from the second respondent in Survey Nos. 1580/16, 1580/17 and 1580/18, situated in Manjanathu Kinattru Street, Naranapuram Village, Vasudevanallur Town Panchayat, Tenkasi District.

2. Today, when the matter was taken up for hearing, learned counsel for the fifth respondent, on instructions, submits that pursuant to the interim direction granted by this Court on 02.12.2022, the private respondents have not put up any construction in the subject land.

3. In view of the above submission of the learned counsel for the fifth respondent, if any construction is carried on in the subject land by the private respondents contrary to the aforesaid statement made, it is open to the second respondent to take necessary action for removal of the unauthorized constriction forthwith.

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 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2.The Executive Officer, Vasudevanallur Town Panchayat, Sankarankovil, Tenkasi District.

3.The Tahsildar, Sivagiri Taluk, Tenkasi District.

4.The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.21464 of 2022 27.03.2024