A writ petition was filed seeking a direction to remove a commercial shopping complex constructed on agricultural land. The High Court directed the authority to decide the petitioner's representations on merits within four months.
Courtdirectedtheauthoritytodecidethepetitioner'srepresentationsonmeritswithinafourmonthperiod.
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W.P.(MD)No.23430 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.11.2023
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD)No.23430 of 2023 and WMP(MD)No.19645 of 2023
S.Vinayagamani
... Petitioner
-vs-
____________ Page 1 of 7
W.P.(MD)No.23430 of 2023
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 15.09.2023 and 19.09.2023 and consequently direct the 1st respondent to remove the construction of the Commercial Shopping Complex put up by the 7th respondent in the Agricultural Nanja land in violation of the Rule 6 of Tamil Nadu Change of Land Use (From Agricultural to Non-Agricultural purpose in Non-Planning Areas) Rules, 2017, within a time stipulated by this Court.
For Petitioner : Mr.K.Mahendran For R1 to R6 : Mr.T.Amjad Khan, Government Advocate For R7 : Mr.T.Aswin Rajasimman for M/s.Lajapathiroy and Associates
Page 2 of 7
O R D E R
W.P.(MD)No.23430 of 2023
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
We have heard Mr.K.Mahendran, learned counsel appearing for
the petitioner, Mr.T.Amjad Khan, learned Government Advocate appearing for the respondent Nos.1 to 6 and Mr.T.Aswin Rajasimman, learned counsel appearing for the respondent No.7.
Page 3 of 7
W.P.(MD)No.23430 of 2023
permission granted by the respondent No.8 is also not the subject matter of challenge in the present writ petition. The prayer is made to decide the representations of the petitioner wherein a request is made to remove the construction of commercial shopping complex put up by the respondent No.7 in the agricultural nanja land.
Page 4 of 7
9.
W.P.(MD)No.23430 of 2023
[S.V.G., .C.J.] [K.K.R.K., J.] 29.11.2023 Index : Yes / No Neutral Citation : Yes / No bala
To:
Page 5 of 7
Construction and Maintenance, Alagar Kovil Road, K.Pudhur, Near Thamarai Thotti, Madurai
W.P.(MD)No.23430 of 2023
Page 6 of 7
W.P.(MD)No.23430 of 2023
THE HONOURABLE CHIEF JUSTICE and K.K.RAMAKRISHNAN , J.
bala
W.P.(MD)No.23430 of 2023
29.11.2023
____________ Page 7 of 7
1 issue framed by the court
Whether to direct the authority to dispose of the petitioner's representations regarding the construction of a commercial complex on agricultural land.
2 provisions across 2 enactments
S.Vinayagamani
District Collector, Madurai District
Chinnamangulam Village Panchayat President
Sanjay V.Gangapurwala
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
