K. Srinivasan v. President cum Executive Officer, Kallamanaickanpatti Village Panchayat, Sivakasi Taluk, Virudhunagar
2014-10-13
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment : 1. According to the Petitioner, he is running a small business in his area at Sivakasi Taluk. He has purchased the property in S.F.No.72 (3A1, 3B2, 3C1, 3C2A, 73/7) of Alankulam Village, Kallamanaickanpatti Panchayat, Virudhunagar District, by means of two different sale deeds, dated 24.05.2010 and 1.03.2011, registered as Document Nos.2232 of 2010 and 1339 of 2011 respectively, admeasuring an extent of 58 cents. From the date of purchase, he is said to be in possession and enjoyment of the properties in question with absolute right. 2. The grievance of the Petitioner is that he intend to put up a small house in the said property for his comfortable living and he approached the Respondent and requesting him to grant permission for put up the construction. As per the direction of the Respondent, he made an application on 20.09.2014 along with Blue Print, after fulfilling all the requisite and formalities (including the Rain Water Harvesting System). Finally, the Petitioner was proposed to send the application, dated 20.09.2014, through the Registered Post, enclosing the requisite documents. But the said Registered Post Cover, addressed to the Respondent, was not claimed and the same was returned to the sender / Petitioner. 3. In the present Writ Petition, the Petitioner is seeking for passing of an order by this Court in directing the Respondent to grant plan approval to put up construction a R.C.C. Terrace Residential Building and compound wall at his place in S.F.No.72 (3A1, 3B2, 3C1, 3C2A, 73/7) of Alankulam Village, Kallamanaickanpatti Panchayat, Virudhunagar District, within a time limit that my be stipulated by this Court, by taking into consideration of his Representation, dated 20.09.2014. 4. At this stage, Mr.Ayiram K Selvakumar, the Learned Government Advocate appearing for the Respondent takes notice and prays time for filing necessary counter. 5.
4. At this stage, Mr.Ayiram K Selvakumar, the Learned Government Advocate appearing for the Respondent takes notice and prays time for filing necessary counter. 5. In view of the fact that the Petitioner is only seeking the relief of Writ of Mandamus, for passing of an order by this Court to direct the Respondent to grant plan approval to put up construction a R.C.C. Terrace Residential Building and compound wall at his place in S.F.No.72 (3A1, 3B2, 3C1, 3C2A, 73/7) of Alankulam Village, Kallamanaickanpatti Panchayat, Virudhunagar District, this Court, on the basis of Equity, Fair Play, Good Conscious and even as a matter of prudence, directs the Petitioner to submit a detailed representation directly to the Respondent, within a period of one week from the date of receipt of a copy of this order. Thereafter, the Respondent, on receipt of the representation to be submitted by the Petitioner, is directed to dispose of the said representation along with necessary enclosures and supporting documents, within a period of three weeks, by passing appropriate orders, on merits, in a Fair, Just and in dispassionate manner, uninfluenced with any of the observation made by this Court in this Writ Petition, of course, after providing necessary opportunities to the Petitioner and other concerned by adhering to the principles of natural justice. 6. With the aforesaid directions, this Writ Petition is disposed of. No costs.