Disposed

Shaji.B.G. v. the Dist.Collector

Madras HC29 Jun 2022WP(MD)/1673/2021

Case brief

AI extract

What is this about?

Petitioner sought planning approval denied due to land classification as wet agricultural land. Court noted prior permission from District Collector was required but not obtained. Petitioner filed a fresh application later; Court directed the relevant respondent to decide it within eight weeks and disposed of the writ petition.

What did the court decide?

Directed the first respondent to pass a final order on the petitioner's application dated 28.01.2022 for construction permission within eight weeks.

Shaji.B.G. Vs the Dist.Collector — Land Acquisition | Madras HC (2022)

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W.P(MD)No.1673 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.06.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.1673 of 2021

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B.G.Shaji ... Petitioner

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Vs.

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1.The District Collector, Kanyakumari District,

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2.The Thasildhar, Thuckalay.

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3.The President, Panchayath Board, Thenkarai.

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3.The Special Officer, Tenkarai Panchayat/ Rural Development Officer, Kuruthankode Panchayath Board. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the

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records pertaining to the impugned order passed by the 4^th respondent in his proceedings in e.f.vz;.m/1/2018 ehs; 30.11.2018 and quash the same as illegal and to direct the 1^st and 2^nd respondents give permission to approve the plan

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.1673 of 2021

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approval and consequently direct the 3^rd and 4^th respondents to approve the plan approval in the above housing plot of 5 ½ of cents in Sruvey No.495/5A1A at Thenkarai Village Panchayath, Kanyakumari District.

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For Petitioner : Mr.Gomathi Panchatcharam

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For Respondents : Mr.M.Sarangan, Addl. Government Pleader for R1 & R2 Mr.K.P.Narayanakumar for R3 No appearance for R4

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ORDER

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Heard the learned counsel on either side.

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2.The petitioner applied to the fourth respondent seeking planning approval for putting up a house. The fourth respondent by the impugned communication 30.11.2018 denied the petitioner's request on the ground that

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the land on which the construction is proposed has been classified in the revenue record as agricultural land (wet land). The impugned communication cannot be faulted. The petitioner has to get prior permission from the District Collector for construction. In this case, the petitioner has not obtained such a permission. The petitioner has now submitted an application dated 28.01.2022 before the first respondent. A copy of the acknowledgment indicating receipt of

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W.P(MD)No.1673 of 2021

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the same has also been enclosed. The first respondent is directed to pass final order on the petitioner's application dated 28.01.2022 for putting up construction within a period of eight weeks from the date of receipt of a copy of this order.

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3.The writ petition is disposed of accordingly. No costs.

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29.06.2022

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Index : Yes / No Internet : Yes/ No ias

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To:

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1.The District Collector, Kanyakumari District,

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2.The Thasildhar, Thuckalay, Kanyakumari District.

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W.P(MD)No.1673 of 2021

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G.R.SWAMINATHAN, J.

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ias

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W.P(MD)No.1673 of 2021

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29.06.2022

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Shaji.B.G. v. the Dist.Collector

Case brief

What is this about?

What did the court decide?

Shaji.B.G. v. the Dist.Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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