Shri C.Palaniappan v. The Sub Divisional Officer And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/694/2023 Shri C. Palaniappan Vs.

The Sub Divisional Officer and Others Mr. Arul Prasanth ... for the petitioner Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondent nos. 1-2 Mr. K. M. B. Jayapal ... for the respondent No. 3 February 29, 2024 [AKB] Item No.23 Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned order dated 11th February, 2023 passed by the Tehsildar, Port Blair, for demolition of the structure-in-question at the premisesin-question. It appears from record that against such order, petitioner has already filed an appeal before the Sub Divisional Officer as appears from page 85 of the writ petition. It is the allegation of the petitioner that during the pendency of that appeal and inspite of request for not to demolish the structure-inquestion, part of it was demolished.

By this writ petition in addition to the aforesaid order dated 11th February, 2023, challenging the order of demolition, petitioner has prayed for direction upon the respondent authority concerned to restore the structure-in-question, which relief cannot be granted to the petitioner in this writ petition at this stage unless the demolition order itself is declared illegal in petitioner's aforesaid appeal and any such relief of restoration will depend only upon the final adjudication of the aforesaid appeal itself pending before the Sub Divisional Officer/Appellate Authority. If appeal is decided in favour of the petitioner only then the question of restoration of the structure-in-question by the authority will arise.

requesting the Appellate Authority concerned to consider and dispose of the appeal in accordance with law and by passing a reasoned and speaking order after giving opportunity of hearing to the parties, expeditiously and preferably within a period of three months from the date of communication of this order. With the above direction the writ petition being WPA/694/2023 is disposed of.

It is clarified that this Court has not gone into the merit of the pending appeal-in-question and the same shall be decided independently.

(Md. Nizamuddin, J.)