Dismissed

V.Balakrishnan, v. the District Collector

Madras HC14 Jun 2023WP(MD)/6793/2017

Case brief

AI extract

What is this about?

The petitioner challenged an injunction via a civil suit filed by a co-owner, seeking relief under Article 226 against denying planning approval to the petitioner despite the pending suit. The Court dismissed the petition as the civil suit was already pending, directing the party to work out the remedy therein.

What did the court decide?

Petitioner dismissed; liberty to work out remedy in pending civil suit; no costs.

V.Balakrishnan, Vs the District Collector — Landlord and Tenant | Madras HC (2023)

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W.P(MD)No.6793 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14.06.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.6793 of 2017

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V.Balakrishnan ...Petitioner

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Vs.

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1.The District Collector, Trichy District,

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Trichy – 620 001.

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2.The Assistant Director of Town Panchayats, Trichy Division, District Collector Office, Trichy District. Trichy – 620 001.

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3.The Executive Officer, Kannanur Town Panchayat, Samayapuram Post, Manachanallur Taluk, Trichy District – 621 112.

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4.Kulunthalayee

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...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 Mandamus, directing the third respondent to consider the petitioner's representation dated 30.03.2017 and to furnish the documents sought by the petitioner

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W.P(MD)No.6793 of 2017

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and to conduct enquiry after affording ample opportunity within the time stipulated by this Court.

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For Petitioner : Mr.M.R.Sreenivasan For R1 & R2 : Mr.P.T.Thiraviam Government Advocate For R3 : Mr.M.Saravanakumar For R4 : No appearance O R D E R

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The petitioner has raised certain objections for the construction put up by the fourth respondent and submitted a representation to the third respondent on 30.03.2017 and has also filed this writ petition for a Mandamus, directing the third respondent to consider his representation.

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2.The learned counsel appearing for the third respondent

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and the learned Government Advocate appearing for the respondents

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2 & 3 submits that the fourth respondent has already filed a suit in O.S.No.492 of 2014 as against this petitioner before the District Munsif Court, Lalkudi for the relief of bare injunction and he obtained an order of injunction. Thereafter, she produced the same before the third respondent, based on which, the third respondent

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W.P(MD)No.6793 of 2017

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has granted Building Planning Approval to the fourth respondent.

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3.From the rival submissions made, it is seen that a civil suit is pending between the parties and the Building Planning approval has already been granted to the petitioner, this writ petition is dismissed. However, the petitioner is at liberty to work out his remedy in the civil suit. No costs.

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14.06.2023

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NCC : Yes / No. Index : Yes / No. vrn

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W.P(MD)No.6793 of 2017

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1.The District Collector, Trichy District, Trichy – 620 001.

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2.The Assistant Director of Town Panchayats, Trichy Division, District Collector Office, Trichy District. Trichy – 620 001.

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3.The Executive Officer, Kannanur Town Panchayat, Samayapuram Post, Manachanallur Taluk, Trichy District – 621 112.

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W.P(MD)No.6793 of 2017

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B.PUGALENDHI, J.

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vrn

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Order made in W.P(MD)No.6793 of 2017

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14.06.2023

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V.Balakrishnan, v. the District Collector

Case brief

What is this about?

What did the court decide?

V.Balakrishnan, v. the District 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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