S. Kuppusamy VS Directorate, Town and Country Planning, Salem

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

G. K. ILANTHIRAIYAN
S. Kuppusamy – Appellant
Versus
Directorate, Town and Country Planning, Salem – Respondent

Advocates Appeared:
For the Petitioner: Mr. T. Mohan, Senior Counsel for Mr. MA.P. Thangavel.
For the Respondents: Mr. V. Manoharan, Additional Government Pleader, Mr. M. Alagu Goutham, Mr. Mohammed Riyaz for Mr. S. Senthil.

ORDER :

(G.K. Ilanthiraiyan, J.)

(PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 5 forbearing the respondents 6 & 7 to operate the Poultry farm in SF.No.256/2 in K Pudhupalayam, Kuttalambarai Village, Mohanur Taluk, Namakkal District, without obtaining the necessary permission from the competent authority by considering the petitioner's representation dated 06.12.2021.)

This writ petition has been filed for direction directing the respondents 1 to 5 to forbear respondents 6 & 7 to run the poultry farm situated at SF.No.256/2 in K Pudhupalayam, Kuttalambarai Village, Mohanur Taluk, Namakkal District.

A) FACTUAL DETAILS

2. The petitioner owns agricultural lands comprised in SF.Nos.140/4C-4B, 167/1A2-1A1, 167/5C2-5C1 in Madakasampatty Village and SF.Nos.308/2, 255/2A-3A-3B, 257/3A1-3A2-2B1-2B2 in Kuttalambarai Village in Mohanur Taluk, Namakkal District. For the said lands, the petitioner was issued patta and constructed house after obtaining planning permission to an extent of 1157 sq.ft. While being so, respondents 6 and 7 are being neighbours, cultivating agriculture crops in SF.No.256/2. They