Madras High Court
Dr.G.Lakshmanan vs The District Collector on 25 March, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar, R.Vijayakumar
W.P.(MD) No.25636 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.25636 of 2022
Dr.G.Lakshmanan
rep.by his Power Agent
S.Kalidasan Sugumaran
Managing Coordinator of
Sri Bala Lakshmanada
Meditation Retreat and
Health Science Centre
11/49, Woodville Road
Kodaikanal-624 101 ... Petitioner
-vs-
1.The District Collector
Dindigul District
Dindigul
2.The Commissioner
Kodaikanal Municipality
Kodaikanal
Dindigul District ... Respondents
____________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.25636 of 2022
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records relating to the
impugned order passed by the second respondent in proceedings Na.Ka.No.
75/2020/F1, dated 19.10.2022, quash the same and consequently direct the
second respondent to pass orders on the revised plan application dated
26.07.2022 submitted by the petitioner within the time stipulated by this
Court.
For Petitioner : Mr.B.Prasanna Vinoth
For Respondents : Mr.T.Amjad Khan
Government Advocate for R1
Mr.T.S.Mohammed Mohideen for R2
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] The order dated 19.10.2022, passed by the second respondent, rejecting petitioner's application seeking permission to convert the subject building from a Lodging Hotel to Meditation Centre, on the ground of shortage of setback area, is under challenge in this writ petition. ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.25636 of 2022
2. Learned counsel appearing for the petitioner submits that the petitioner has provided necessary setback area for the subject building. However, without considering the same, the second respondent has rejected the petitioner's application.
3. Learned counsel appearing for the second respondent, on instructions, submits that if the revised plan is in accordance with the Rules, the second respondent will inspect subject building and take appropriate decision.
4. In view of the above submission of the learned counsel for the parties and considering the fact that the the petitioner has provided necessary setback area, the writ petition is allowed and the impugned order dated 19.10.2022, passed by the second respondent, is quashed. The second respondent is directed to inspect the subject building and if it is found that the same is in accordance with law, consider the petitioner's request seeking permission to convert the subject building from a Lodging Hotel to Meditation Centre and pass orders on merits and in accordance with law, after providing ____________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.25636 of 2022 due opportunity to the petitioner. Such an exercise shall be competed within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
[D.K.K., J.] [R.V., J.]
25.03.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The District Collector,
Dindigul District,
Dindigul.
____________
Page 4 of 5
https://www.mhc.tn.gov.in/judis W.P.(MD) No.25636 of 2022 D.KRISHNAKUMAR, J.
and R.VIJAYAKUMAR, J.
krk W.P.(MD) No.25636 of 2022 25.03.2024 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis