K. Vairamuthu v. President, Sankarapuram Panchayat, Sivagangai
2014-08-13
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Order 1. The petitioners in all the writ petitions challenge the order passed by the first respondent refusing to grant building plan approval on the ground that a receiver has been appointed by this Court in C.R.P.No.278 of 2006, Review Application Nos.39, 40 and 48 of 2007, Review Application No.7 of 2006, and C.R.P.No.1259 of 2009 and the receiver has given objection stating that the property in question should be preserved as such, till the civil dispute is resolved between the parties. Based on the objection given by the receiver appointed by this Court, the first respondent has passed the order impugned in all the writ petitions. 2. According to the petitioners, they have purchased the property from their vendor by a register sale deed during 2012 and they have also applied building plan permission and permission was also granted but subsequently, no objection has not been given by the panchayat to enable the petitioners to obtain electricity service connection for the domestic supply after completion of the construction of the building. 3. It is submitted by the learned counsel for the petitioners that based on the objection given by the receiver, the present impugned order has been passed. The petitioners being the third party to the litigation are not aware what was the nature of the order passed by this Court in the pending Civil Revision Petitions and Review Petitions. 4. Therefore, without conducting any enquiry on the request of the petitioners and without issuing any show cause notice to the petitioners, the first respondent could not have been passed the impugned order. Therefore, on this ground alone, this Court is inclined to interfere with the impugned order. 5. Accordingly, the writ petitions are allowed and the impugned order is set aside and the matter is remanded to the first respondent for fresh consideration. The first respondent shall issue notice to the petitioners, the electricity board as well as the receiver and after hearing all the parties conduct an enquiry in which the petitioners should be informed as regards the scope and nature of direction issued by this Court in the pending Civil Revision Petitions and Review Petitions and after considering all the aspects, fresh order should be passed by the first respondent on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.