Writ petition filed to restrain authorities from allowing multi-storeyed commercial construction on 0.31 acres of Nanja agricultural land. Court directed stopping and removal of construction.
Stop further construction and remove existing structure within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2018
CORAM :
The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE
AND
The Hon'ble Ms.JUSTICE P.T.ASHA
W.P. No.3021 of 2018
and W.M.P.No.3695 of 2018
S.Kalimuthu .. Petitioner
-vs-
1.The District Collector,
Tirupur District, Tirupur.
2.Sub Collector,
Dharapuram, Tirupur.
3.Revenue Divisional Officer,
Dharapuram, Tirupur District.
4.Kuppusamy
5.Executive Officer,
Goundachi Pudur Panchayat,
Dharapuram, Tirupur District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 & 5 not to permit the 4th respondent from putting up any construction in his Nanja land patta no.337 in Survey No.66 of an extent of 0.31 Nanja Acres situated on the Madura Dharapuram South Village, Dharapuram Taluk, Tirupur District, within the jurisdiction of Dharapuram Sub Registrar and Tirupur Registration District, with the intention of putting up multi-storeyed building for commercial purpose.
For Petitioner : Mr.A.K.Sridharan For Respondents : Mr.E.Manoharan Addl.G.P. for RR 1 to 3 : Mr.S.Kamlesh Kannan, Govt. Adv. For R-5
O R D E R
(Made by Ms.Indira Banerjee, Chief Justice)
This writ petition has been filed seeking directions on the respondent authorities not to permit construction in “Nanja land” of the 4th respondent measuring as about 0.31 acres in Patta No.337, Survey No.66, in Madura Dharapuram South Village, Dharapuam Taluk, Tiruppur District.
2.It is alleged that the petitioner is constructing a multistoreyed building for commercial purpose on the land. A photograph of the construction was produced in Court, wherefrom it appears that the construction is right in the middle of the fertile agricultural land, adjacent to, if not encroaching into a water body.
3.The respondent authorities submit, on instructions, that the fourth respondent had applied for permission and started construction without obtaining permission. The permission to construct has been refused by an order dated 07.02.2018. Let a photocopy of the order dated 07.02.2018 be taken on record.
4.There can be no question of any person making any construction without requisite approval of the authorities concerned. The fifth respondent shall take immediate steps to stop further construction and to have the construction made removed in accordance with law. This order shall be complied with within three (3) months from date, upon notice to the fourth respondent.
4.The writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.No.3695 of 2018 is closed.
//True Copy//
sra
To
1.The District Collector,
Tirupur District, Tirupur.
2.The Sub Collector,
Dharapuram, Tirupur.
3.The Revenue Divisional Officer,
Dharapuram, Tirupur District.
4.The Executive Officer,
Goundachi Pudur Panchayat,
Dharapuram, Tirupur District.
+1cc to Mr.A.K.Sridharan, Advocate sr.no.36200
+1cc to Government Pleader in sr.no.36290
W.P.No.3021 of 2018
br(co)
nr 20/06/2018
1 issue framed by the court
Whether respondent authorities are restrained from permitting construction on agricultural land under Article 226.
1 provisions across 1 enactments
S.Kalimuthu
The District Collector, Tirupur District
Sub Collector, Dharapuram
Revenue Divisional Officer, Dharapuram
Kuppusamy
Executive Officer, Goundachi Pudur Panchayat
INDIRA BANERJEE
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
