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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.M. VELUMANI, V. LAKSHMINARAYANAN, JJ.
Seetha – Appellant
Versus
The Executive Officer, Mulanoor Town Panchayat, Mulanoor & Others – Respondents
W.P. No. 3036 of 2018
Decided On : 09-03-2023
Writ Petition - Illegal Construction - The court directed the 1st respondent to inspect the property and take appropriate action if unauthorized construction is found.
Fact of the Case:
The petitioner filed a Writ Petition seeking a direction to the 1st respondent to consider her representation regarding illegal construction on her ancestral property.
Finding of the Court:
The court directed the 1st respondent to inspect the property and take appropriate action if unauthorized construction is found.
Issues: Illegal construction without approval and permission on ancestral property within the jurisdiction of the 1st respondent Town Panchayat.
Ratio Decidendi: The court's decision was based on the petitioner's representation and the lack of action by the 1st respondent in addressing the illegal construction issue.
Final Decision: The Writ Petition was disposed of with the direction for the 1st respondent to inspect the property and take appropriate action if unauthorized construction is found.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st Respondent to consider the petitioner''s representation dated 02.01.2018 and pass orders.)
V.M. Velumani, J.
1. The petitioner has come out with the present Writ Petition for a direction to the 1st respondent to consider her representation dated 02.01.2018.
2. According to the petitioner, the land at S.F.No.586 at Mulanoor Village, measuring about 1.72 acres is her ancestral property. The said property comes within the jurisdiction of the 1st respondent Town Panchayat. In the said land, the respondents 2 to 4 are constructing a building without any approval and permission. Hence, she has given representation dated 02.01.2018 to the 1st respondent to take appropriate action in respect of the illegal construction made by the respondents 2 to 4. Since, no action is taken on the said representation, the petitioner has come out with the present Writ Petition.
3. Though respondents 2 and 3 entered appearance through counsel, today when the matter is taken up for hearing, there is no representation for respondents 2 and 3. Though notice has been served on the 4th respondent and her name is printed in the cause list, there is no representation for her, either in person or through counsel. This Court directed Mr.P.Gurunathan, learned Additional Government Pleader to take notice for the 1st respondent.
4. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the 1st respondent and perused the entire materials on record.
5. Considering the submissions made by the learned counsel appearing for the petitioner, the 1st respondent is directed to inspect the property in question within a period of two weeks from the date of receipt of a copy of this order and if there is any unauthorized construction put up by the respondents 2 to 4 is found during inspection, take appropriate action, after issuing notice to the petitioner as well as respondents 2 to 4, within a period of four weeks thereafter.
6. With the above directions, the Writ Petition is disposed of. No costs.
7. Post the matter ''For Reporting Compliance'' on 13.04.2023.
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