R. David v. Executive Officer, Kallukootam Town Panchayat
2016-07-26
T.RAJA
body2016
DigiLaw.ai
ORDER : Mr. R. David has come forward with the present Writ Petition stating that his mother one Maria Thangam purchased a house including a vacant site in old S. No. 6833, New S. No. 736/1 in Lekshmipuram Village, Kallukottam Town Panchayat limits, from one Nagamany, Rasammal and Chellappan, by virtue of a registered sale deed, dated 19.02.1998 and thereafter, she sold away the afore-mentioned property to the petitioner. While so, since the second respondent herein disturbed the petitioner with respect to wall belonging to the petitioner, the petitioner filed a Civil Suit in O.S. No. 10 of 2016, on the file of the Principal District Munsif Court, Eraniel and the same is still pending. When that being the factual position, the second respondent, without obtaining plan approval from the first respondent, stated construction in the disputed area in question. Stating all these facts, the petitioner sent a representation to the first respondent on 19.03.2016, but, the same did not evoke any response, sofar, forcing the petitioner to file this present Writ Petition. 2. Mr. G. Muthu Kannan, learned Government Advocate was put on notice for the first respondent. Since this Court is not going to pass any adverse order against the second respondent, this matter is disposed of, at the admission stage, without giving notice to the second respondent. 3. In view of the above, this Court only directs the first respondent to consider the representation of the petitioner, dated 19.03.2016, on merits and in accordance with law, after giving due notice to the second respondent and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the matter. 4. With the above direction, this Writ Petition stands disposed of. No costs.