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Madras High CourtWP(MD)/15058/2013closed

K. Vijayendran, v. The Secretary To Government,

2015-10-07Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.15058 of 2013 and MP(MD)No.1 of 2013 K.Vijayendran ... Petitioner Vs.

1. The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St., George, Chennai 600 009.

2. The Commissioner, Office of the Town & Country Planning, No.807, Anna Salai, Chennai 600 002.

3. The Director, Office of the Director of Town & Country Planning, Chennai.

4. The District Collector, Tiruchirappalli District.

5. The Assistant Director, Town & Country Planning, Trichy.

6. The President, Allur Village Panchayat, Allur, Trichy District.

...

Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents 3 to 6 herein from in any manner granting planning permit and plan approval for converting the fertile agricultural lands into housing plot in the 6th respondent village panchayat. For Petitioner : Mr.B.Jameel Arasu For Respondents 1-5 : Mr.A.K.Baskarapandian Special Government Pleader.

For 6th Respondent : Mr.R.Anandaraj

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) A disgruntled person who contested in the election for the post of Union Councilor, filed the present writ petition, alleging that fertile agricultural lands have been converted into housing plots.

2.The sixth respondent, President, Allur Panchayat has filed counter affidavit, wherein paragraph - 5 reads as follows: "It is submitted that there is no public interest is involved in this case. The petitioner was contested for the post of Union Councilor in a particular political party. The petitioner defeated in the election and due to that there was enmity between the petitioner and this 6th respondent. A criminal case has also registered against the petitioner. Hence this petition cannot be treated as public interest litigation and it is purely motivated with the previous enmity."

3.In any event, he states that if there is any conversion of agricultural lands into housing plots, the same will be considered only in accordance with law. We also noticed that the authorities have gone into the issue and examined the complaint. Therefore, we find no reason to proceed further in the matter. Hence, this writ petition is closed. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St., George, Chennai 600 009.

2. The Commissioner, Office of the Town & Country Planning, No.807, Anna Salai, Chennai 600 002.

3. The Director, Office of the Director of Town & Country Planning, Chennai.

4. The District Collector, Tiruchirappalli District.

5. The Assistant Director, Town & Country Planning, Trichy.

6. The President, Allur Village Panchayat, Allur, Trichy District.

MJ TE/JGB/ : 28/10/2015 : 3P/7C Writ Petition (MD) No.15058 of 2013 and MP(MD)No.1 of 2013 07.10.2015