Disposed

G.Ramachandran v. The District Collector

Madras HC13 Sept 2021WP/19151/2021

Case brief

AI extract

What is this about?

In a PIL under Article 226 regarding commercial construction adjoining a temple, the court directed the Executive Officer and Competent Authority to ensure strict conformity with the sanctioned plan and issuance of a Completion Certificate before use.

What did the court decide?

Extraordinary Relief Order made against the Executive Officer and Competent Authority to ensure construction conformity with the sanctioned plan before issuance of Completion Certificate.

G.Ramachandran Vs The District Collector — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.09.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.No.19151 of 2021

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G.Ramachandran

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 ...Petitioner
Vs.

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1.The District Collector, Mayiladuthurai District, Mayiladuthurai.

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2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, chittarkadu, Mayiladuthurai District.

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3.The Director, Town & Country Planning Department, Thanjavur Region, Thanjavur.

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4.The Assistant Director, Department of Geology and Mining, Nagapattinam District, Nagapattinam.

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5.The Revenue Divisional Officer, Mayiladuthurai Division, Mayiladuthurai.

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6.The Tahsildar, Tharangambadi Taluk, Mayiladuthurai District.

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7.The Block Development Officer, Sembanarkoil Block, Mayiladuthurai District.

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8.Sri Shanmuga Desiga Gnanasambantha Paramachariya Swamigal, Dharumapura Aadhina Thirumadam, Thirukadaiyur, Mayiladuthurai District.

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9.The Panchayat President, Thirukadaiyur Village Panchayat, Tharagambadi Taluk, Mayiladuthurai District, Mayiladuthurai-609 311. ...Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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Prayer : Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the
respondents 1 to 7 to take appropriate steps to stop the
constructions and cancel the permission given to the 8th
respondent and also cancel the patta allotted to the 8th
respondent based on the representation of the petitioner dated
29.03.2021.

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For the Petitioner :Mr.D.Ashok Kumar

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For the Respondents : Mr.P.Muthukumar
State Government Pleader
for RR 1 to 7
 :Mr.V.Lakshminarayanan
for R-8

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ORDER

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(Order of the Court was made by P.D.Audikesavalu, J.)

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The petitioner, who is a resident of Thirukkadaiyur
Village in Tharangambadi Taluk of Mayiladuthurai District, is
prosecuting this Public Interest Litigation objecting to the
construction of a building supposedly for commercial purpose by
the eighth respondent, viz., Dharmapura Adhina Thirumadam, in
Survey No. 612/1 at Thirukkadaiyur Village measuring 28,000
sq.ft. located opposite to Sri Amridhakadeshwarar Temple.

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2. Upon taking notice, Mr.V.Lakshminarayanan, learned
counsel appearing for the eighth respondent, submits that the
entire land referred to by the petitioner is owned by the eighth
respondent and is supported by relevant documents of title and
that a dilapidated building that was in existence there has been
demolished with necessary permission from the concerned
authority; and, after getting prior sanction, the new building
for housing a marriage hall is under construction. It is
explained that there have been frequent demands from all
quarters to provide facilities for the large number of devotees
visiting that famous Temple for celebrating their
"Sashtiabthapoorthi" (60th birth anniversary) and it was in
fulfillment of that object that the said construction work has
been undertaken in public interest.

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3. Having regard to the aforesaid submission made on
behalf of the eighth respondent, which deserve acceptance, the
Executive Officer of the Thirukkadaiyur Village Panchayat, shall
ensure that the construction of the building is strictly in
conformity with the sanctioned plan. It shall be incumbent upon
the Competent Authority issuing 'Completion Certificate' to
ensure that the building is constructed fully in accordance with
the sanctioned plan and satisfies all requirements, including
car parking as per prescribed norms. The constructed building

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https://hcservices.ecourts.gov.in/hcservices/

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will be put to use for the purpose for which the sanctioned plan
has been granted, only after such Completion Certificate is
issued by the Competent Authority.

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In the upshot, W.P. No. 19151 of 2021 is disposed of on
the aforesaid terms. There will be no order as to costs.

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Sd/-

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Assistant Registrar (CS-VI)

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// True Copy //

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Sub Assistant Registrar

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sra

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To:

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1.The District Collector, Mayiladuthurai District, Mayiladuthurai.

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2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, chittarkadu, Mayiladuthurai District.

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3.The Director,

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Town & Country Planning Department, Thanjavur Region, Thanjavur.

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4.The Assistant Director, Department of Geology and Mining, Nagapattinam District, Nagapattinam.

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5.The Revenue Divisional Officer, Mayiladuthurai Division, Mayiladuthurai.

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6.The Tahsildar, Tharangambadi Taluk, Mayiladuthurai District.

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7.The Block Development Officer, Sembanarkoil Block, Mayiladuthurai District.

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8.Sri Shanmuga Desiga Gnanasambantha Paramachariya Swamigal, Dharumapura Aadhina Thirumadam, Thirukadaiyur, Mayiladuthurai District.

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https://hcservices.ecourts.gov.in/hcservices/

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9.The Panchayat President,
 Thirukadaiyur Village Panchayat,
 Tharagambadi Taluk,
 Mayiladuthurai District,
 Mayiladuthurai-609 311.

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10.The Executive Officer,
 Thirukadaiyur Village Panchayat,
 Tharagambadi Taluk,
 Mayiladuthurai District,
 Mayiladuthurai-609 311.

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+1cc to M/s.V.Raghavachari, Advocate SR.No.46323

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W.P.No.19151 of 2021

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KSM(CO)
RVM(17/09/2021)

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https://hcservices.ecourts.gov.in/hcservices/

G.Ramachandran v. The District Collector

Case brief

What is this about?

What did the court decide?

G.Ramachandran v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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