Danny Arul Singh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.25339 of 2023 Danny Arul Singh ... Petitioner -vs1.The District Collector Tenkasi 2.The Assistant Director Directorate of Town & Country Planning No.5, Bharathi Nagar 1st Street Melagaram Tenkasi District 3.The Executive Officer Melagaram Town Panchayat Melagaram, Tenkasi District 4.Ajmath Nisha 5.Valli ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove / demolish the unauthorized construction made by the respondents 4 and 5 in Survey Nos. 660/1A2 and 660/2A1A, situated at Ward No.10, Minnagar, Melagaram, Tenkasi District, by considering the representation dated 02.08.2023 and the reminder dated 20.11.2023.

For Petitioner :

Mr.D.Venkatesh For Respondents :

Mr.T.Amjadkhan Government Advocate Mr.S.P.Maharajan Special Government Pleader for R3

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The prayer in this writ petition is to direct the respondents 1 to 3 to remove / demolish the unauthorized construction made by the respondents 4 and 5 in Survey Nos.660/1A2 and 660/2A1A, situated at Ward No.10, Minnagar, Melagaram, Tenkasi District, by considering the representation of the petitioner, dated 02.08.2023 and the reminder dated 20.11.2023.

2. With reference to the relief sought for by the petitioner to remove the unauthorized construction, learned Government Advocate appearing for the respondents 1 & 2 made a submission that the authority concerned will look into the issue and issue a show cause notice to the alleged violators for initiation of further action.

3. Such notices may be issued to the alleged violators within a period of eight weeks from the date of receipt of a copy of this order and by affording opportunity to them, further actions are to be initiated by following the procedures as contemplated.

4. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [V.L.N., J.] 20.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tenkasi.

2.The Assistant Director, Directorate of Town & Country Planning, No.5, Bharathi Nagar 1st Street, Melagaram, Tenkasi District.

3.The Executive Officer, Melagaram Town Panchayat, Melagaram, Tenkasi District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) No.25339 of 2023 20.12.2023