K. Thamarai v. The Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD).Nos.13928 to 13932 of 2013 and 14515 to 14521 of 2013 K.Thamarai
...Petitioner in WP(MD)No.13928 of 2013
P.Rangasamy
...Petitioner in WP(MD)No.13929 of 2013
L.Durai samy
...Petitioner in WP(MD)No.13930 of 2013
P.Subbulakshmi
...Petitioner in WP(MD)No.13931 of 2013
V.Ramesh
...Petitioner in WP(MD)No.13932 of 2013
P.Ramasamy
...Petitioner in WP(MD)No.14515 of 2013
T.Narmatha
...Petitioner in WP(MD)No.14516 of 2013
K.Saavithri
...Petitioner in WP(MD)No.14517 of 2013
G.Chellammal
...Petitioner in WP(MD)No.14518 of 2013
K.Magalingam
...Petitioner in WP(MD)No.14519 of 2013
R.Vijayalakshmi
...Petitioner in WP(MD)No.14520 of 2013
C.Mani
...Petitioner in WP(MD)No.14521 of 2013
Vs The Executive Officer, Town Panchayat, Aravakuruchi, Karur.
...Respondent in all Wps
Prayer in All Wps:- Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the respondent in his proceedings Na.Ka.No.104/2013, dated 28.06.2013 and quash the same as illegal in respect of the petitioner's plot is concerned and consequently
directing the respondent herein to grant Approval for constructing the building to petitioner.
For petitioner : Mr.P.Subbaraj in all WPs For Respondent : Mr.G.Muthukkannan in all WPs Government Advocate COMMON ORDER Since the issue involved in these Writ Petitions are one and the same, with the consent of both parties, they are taken up together and disposed of by a common order.
2. The only ground which has been raised by the petitioners in all writ petitions is that they have purchased plots in "Angunagar", bearing Survey Nos.343, 344,345/2, situated at Aravakuruchi, Karur District. After their purchase, they have sent representations for construction of new buildings, in person as well as through their Sangam to the respondent. But the respondent rejected their representation stating that they have purchased unapproved plots, vide his memorandum in Na.Ka.No.104 of 2013 dated 28.06.2013. Against that impugned order, they have come up with these writ petitions.
3. Heard the submissions made on either side and perused the materials available on record.
4. As against the impugned order, only an appeal lies to the District Collector,as per Rule 6 Sub Clause (4) of the Tamilnadu Societies Registration Rules, 1978. Therefore the petitioner is directed to approach the District Collector, who is the competent authority to look into the matter, as against the impugned order. On such approach, the District Collector is directed to exclude the period from which the writ petition was pending for the purpose of computing limitation and consider the same in accordance with law.
5. With the above direction, these Writ Petitions stand closed. No costs.
Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar
To 1.The District Collector, Karur District.
2.The Executive Officer, Town Panchayat, Aravakuruchi, Karur District.
+one cc to M/s.P.Subbaraj, Advocate in SR.No.13393 PJL CSL/NGM-SS/22.03.2016/3p/4c W.P(MD).Nos.13928 to 13932 of 2013 and 14515 to 14521 of 2013 09.03.2016