R. Paramasivan v. District Collector, Tirunelveli District
2014-10-27
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment 1. Heard the Learned Counsel for the Petitioner, the Learned Additional Government Pleader for the First Respondent and the Learned Special Government Pleader for the Respondents 2 and 3. 2. To avoid an avoidable delay, notice to the Fourth Respondent is dispensed with. 3. According to the Petitioner, the Fourth Respondent is residing at Door No.32 Ammankovil Street, Kumara Kudiyiruppu, Valliyoor and the said building consists of ground plus one. It is his clear cut case that the Fourth Respondent had obtained only permission and plan approval for constructing ground floor alone. No separate permission or plan approval for the first floor was obtained by the Fourth Respondent as on date. 4. Further, the Petitioner sent a communication to the Third Respondent on 3/7/2014 by invoking the provisions of Right to Information Act, 2005. A reply was given on 28/2/2014 in Na.Ka.No.168 of 2014 to him from the Office of the Third Respondent that there was no first floor in the said building and hence the question of approval or permission for construction or assessment of tax subsequently would arise in so far as the first floor is concerned. The said communication is not a true one and the Petitioner suspected that the Third Respondent is endeavouring to save the Fourth Respondent from the clutches of Law. 5. On 23/9/2014, the Petitioner sent a representation to the First and Second Respondents. The First Respondent is exercising supervisory jurisdiction in the matter in issue. The inaction on the part of the Respondents 1 and 2 has perforced the Petitioner to project the present Writ Petition praying for passing of an order by this Court in directing the authorities concerned to take legal measurement in the construction made in the floor of the Fourth Respondent without any legal approval and sanction plan. 6.
The inaction on the part of the Respondents 1 and 2 has perforced the Petitioner to project the present Writ Petition praying for passing of an order by this Court in directing the authorities concerned to take legal measurement in the construction made in the floor of the Fourth Respondent without any legal approval and sanction plan. 6. In view of the fact that the prayer sought for by the Petitioner in the present Writ Petition is limited in nature to consider his representation dated 23/9/2014 addressed to the Respondents 1 and 2, this Court on the basis of Fair Play, Equity, Good Conscience and even as a matter of prudence, directs the First and Second Respondents to look into the representation of the Petitioner dated 23/9/2014 in a fair and objective manner and to dispose of the said representation on merits (of course, after affording necessary opportunities to the Petitioner and others concerned by adhering to the principles of natural Justice) within a period of eight weeks from the date of receipt of the copy of this order. It is made clear that the Respondents 1 and 2 are directed to pass a reasoned, speaking order uninfluenced with any of the observations made by this Court in this Writ Petition. 7. With the aforesaid directions, this Writ Petition is disposed of. No costs.