The petitioner filed a writ petition seeking building plan approval for her property. The court dismissed the appeal, holding that the application cannot be considered due to pending litigation regarding alleged encroachment and refusal to grant a land certificate.
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W.P.(MD)No.1643 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.1643 of 2021
M.Parvathi
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider the petitioner’s application for grant of building plan approval dated 12.05.2018 for her house site in Ward-4, old S.No.255/1, New S.No. 687/45, Nadu Street, Pudur, Tirunelveli Taluk and dispose of the same within a time frame fixed by this Court.
W.P.(MD)No.1643 of 2021
For Petitioner : Mr.M.S.Suresh Kumar
For Respondents : Mr.B.Saravanan, Additional Government Pleader
O R D E R
This Writ Petition has been filed for the issue of writ of mandamus directing the first respondent to consider the application submitted by the petitioner on 12.05.2018, wherein, the petitioner is seeking for building plan approval for the subject property in Ward-4, old S.No.255/1, New S.No.687/45, Nadu Street, Pudur, Tirunelveli Taluk
W.P.(MD)No.1643 of 2021
learned Additional Government Pleader appearing on behalf of the respondents submitted that the petitioner does not have a patta in her favour and that the property has been categorized as a natham and therefore, the application submitted for building plan approval was not considered. The learned Additional Public Prosecutor also brought to the notice of this Court the fact that one Paramesh had filed W.P.(MD).No. 24371 of 2019 before this Court seeking for removal of the encroachment made by the petitioner and her husband and this writ petition was disposed of by an order dated 18.10.2022 directing the authorities to remove the encroachment after affording an opportunity to the parties concerned. The learned Additional Government Pleader submitted that one of the property where the encroachment is stated to have been made by the petitioner is in Survey No.687 /45. The learned Additional Public Prosecutor submitted that in view of this development, there is no question of considering the building plan approval application submitted by the petitioner.
W.P.(MD)No.1643 of 2021
petitioner had sought for the issuance of patta with respect to the portions of the property that were in her possession in Survey Nos.687/44, 687/45 and 687/46 and the said application was rejected by the Tahsildar through proceedings dated 07.12.2022 and the subsequent proceedings dated 15.12.2022. This rejection order was made a subject matter of challenge before this Court in W.P.(MD).No.29206 of 2022. This Writ Petition is pending before this Court and while entertaining this writ petition, this Court had also granted an order of interim stay.
W.P.(MD)No.1643 of 2021
In view of the same, the relief sought for in this Writ Petition cannot be granted by this Court and in the result, this writ petition stands dismissed.
No costs.
17.10.2023
NCC:yes/no Index:yes/no Internet:yes/no tsg
To
1.The Special Officer, Panchayat Union Office, Manur, Tirunelveli /District.
N.ANAND VENKATESH, J
W.P.(MD)No.1643 of 2021
tsg
W .P.(MD)No.1643 of 2021
17.10.2023
1 issue framed by the court
Whether the writ petitioner is entitled to a writ of mandamus directing grant of building plan approval pending resolution of land encroachment and patta disputes.
M.Parvathi
The Special Officer, Panchayat Union Office, Manur, Tirunelveli /District
The Block Development Officer (Gen), Manur, Tirunelveli District
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
