I. Antony Xavier v. Commissioner, Tirunelveli District
2015-02-12
S.TAMILVANAN, V.S.RAVI
body2015
DigiLaw.ai
Judgment :- S. Tamilvanan, J. 1. Challenging the order dated 14.03.2014, passed in Ka.Vi.No.79/14/TP2, by the Commissioner, Tirunelveli Municipal Corporation, the respondent herein, the writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of writ of certiorarified mandamus, calling for the records pertaining to the said order, to quash the same and consequently to direct the respondent to approve the plan submitted by the petitioner. 2. Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel for Tirunelveli Municipal Corporation, appearing for the respondent. 3. Mr. S.C. Herold Singh, learned counsel appearing for the petitioner, submits that the petitioner submitted a plan for approval, for constructing a residential building, which is only for reconstruction of the existing building, bearing Door No.9, TS Ward No.3, Block No.5, TS No.398, Sivan South Car Street, Palayamkottai Ward, Tirunelveli. Learned counsel also drew the attention of this Court to the order passed by the respondent, dated 14.03.2014, wherein the Commissioner has stated that the request seeking permission to construct building was rejected, stating (“Tamil”) 4. If a plan relating to a building is submitted, the same has to be approved by the respondent, as per procedure known to law and if there is any violation in the construction of the building, the respondent has every right to take appropriate action. However, straightaway, the respondent cannot say that permission would not be granted on the premise that the construction is being made against law. 5. Learned counsel appearing for the petitioner also submitted that the petitioner be permitted to submit a fresh plan and that may be directed to be considered by the respondent. There is no tenable objection from the learned counsel for the respondent to consider and pass orders, as per law. 6. In view of the same, we find it just and reasonable to dispose of the writ petition, whereby the petitioner is permitted to submit a fresh plan, properly prepared, within four weeks from the date of receipt of a copy of this order and if it is submitted, the same shall be considered by the respondent and appropriate orders be passed, as per law. 7. With the above observation, the writ petition is disposed of. No order as to costs. Connected miscellaneous petitions are closed.