Vairavammal v. Thirumalaiyappapuram Panchayat, through its President
2014-08-20
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment : M. Jaichandren, J. 1. This Writ Appeal has been filed against the order of the learned Single Judge, dated 08.07.2014, made in W.P.(MD).No.5959 of 2012. 2. The appellant herein is the petitioner in the Writ Petition, in W.P.(MD).No.5959 of 2012. The Writ Petition had been filed praying that this Court may be pleased to issue a Writ of Mandamus to forbear the respondent from interfering with the petitioner in repairing the buildings, in Door Nos.69 to 71, as per the plan submitted by the petitioner, to the respondent. 3. The learned Single Judge, by his order, dated 08.07.2014, had rejected the request of the petitioner stating that the relief prayed for, in the Writ Petition, is in respect of a civil dispute. He had further stated that the issue as to whether there was a deemed approval of the building, as provided in Section 220(3) of the Tamil Nadu Panchayats Act, 1994, could not be gone into in the present Writ Petition, at this stage. 4. The learned counsel appearing on behalf of the appellant had submitted that the order of the learned Single Judge, dated 08.07.2014, cannot be sustained, as the dispute pending before the Civil Court cannot have a bearing on the building plan approval, to be granted by the respondent. He had further submitted that the order had been passed by the respondent, rejecting the request of the appellant, for the approval of the building plan said to have been submitted by the appellant. He had further stated that the order passed by the respondent, on 15.06.2012, rejecting the request of the petitioner can not be sustained, as the reasons stated therein are contrary to law. 5. The learned Government Advocate, appearing on behalf of the respondent, has submitted that the appellant has not been granted the necessary approval, till date and therefore, he is not entitled to the relief, as prayed for by her, in the present appeal. 6. In view of the submissions made by the learned counsels appearing on behalf of the appellant, as well as the respondent, and on a perusal of the records available, we find no cause or reason to interfere with the order passed by the learned Single Judge, dated 08.07.2014, in W.P. (MD).No.5959 of 2012. 7.
6. In view of the submissions made by the learned counsels appearing on behalf of the appellant, as well as the respondent, and on a perusal of the records available, we find no cause or reason to interfere with the order passed by the learned Single Judge, dated 08.07.2014, in W.P. (MD).No.5959 of 2012. 7. We are of the considered view that the reliefs prayed for, by the petitioner, in the Writ Petition, cannot be granted, as it is omnibus in nature. As such, we find that the present Writ Appeal is devoid of merits. Accordingly, this Writ Appeal stands dismissed. No costs.