Madras High Court
P.G.Lakshmivasan vs The District Collector on 23 June, 2015
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2015 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.4934 of 2015 and M.P(MD)Nos.1 and 2 of 2015 P.G.Lakshmivasan, Secretary, Pachayappa High School, Uppukottai, Bodinayakkanur Taluk, Theni District. : Petitioner Vs. 1.The District Collector, Theni District. 2.The President, Uppukottai Panchayat, Theni District. 3.Saraswathi 4.K.Sukumar 5.K.Sinnarasu : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents 1 and 2 to forbear the respondents 3 to 5 from constructing a marriage hall in the property in S.No.361/3 measuring 88 cents and in S.No.361/2, measuring about 6 cents in Uppukottai Village, Uthamapalayam Taluk in Theni District without obtaining proper permission from the authority concerned and pass such further or other orders. !For Petitioner : Mr.R.Suriyanarayanan ^For Respondents : Mrs.S.Bharathi, 1 and 2 Government Advocate. For Respondents : Mr.S.Kadarkarai 3 to 5 :ORDER
The petitioner has come forward with this Writ Petition praying to direct the respondents 1 and 2 to forbear the respondents 3 to 5 from constructing a marriage hall in the property in S.No.361/3 measuring 88 cents and in S.No.361/2, measuring about 6 cents in Uppukottai Village, Uthamapalayam Taluk, Theni District without obtaining proper permission from the authority concerned.
2.The case of the petitioner is that he is the secretary of the petitioner's school and the property in S.No.361/3 measuring 88 cents and S.No.361/2 measuring about 6 cents in Uppukkottai Village, absolutely belongs to the petitioner's father and he gifted the same to the petitioner's school and the same is being used as playground. Due to difference of opinion, the father of the petitioner sold the above said property to one Karuppa Thevar, for which, the petitioner's school filed a suit and the same is pending before this Court. While so, the respondents 3 to 5, who are the legal heirs of the deceased Karuppa Thevar, are trying to construct a marriage hall in the above said property, without getting any building plan approval from the second respondent. Therefore, the petitioner made a representation on 25.03.2015 to the respondents 1 to 2 to take appropriate action against the respondents 3 to 5. But, the respondents 1 and 2 have not taken any action to stop the construction. Therefore, the petitioner has come up before this Court, with this writ petition.
3.The main grievance of the petitioner is that the proposed marriage hall is very nearer to the school and it would cause nuisance and troubles to the students of the petitioner's school.
4.Heard the learned counsel appearing for the petitioner, learned Government Advocate, appearing for the respondents 1 and 2 as well as the learned counsel appearing for the respondents 3 to 5.
5.On the side of the respondents 3 to 5, a counter affidavit has been filed along with M.P(MD)No.2 of 2015, wherein it is stated as follows:
?... ... ... However the answering respondents undertake and submit this Hon'ble Court that the proposed construction of the marriage hall in the property owned and possessed by the answering respondents shall be in strict adherence to the relevant Government guidelines/norms, in consonance with the applicable legal provisions of law?.
6.The learned counsel appearing for the respondents 3 to 5 also submitted that the respondents 3 to 5 will get necessary permission from the authority concerned and thereafter proceed with the construction.
7.The said statement is recorded.
8.Recording the same, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The District Collector, Theni District.
2.The President, Uppukottai Panchayat, Theni District.