M.MUTHUPANDIAN Vs. DISTRICT COLLECTOR
HIGH COURT OF MADRAS
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R.SUBBIAH J. -
(1.) The petitioner seeks for issuing a Writ of Certiorarified Mandamus to
quash the order of the 3rd respondent in Na.Ka.Aa3/2486/2016 dated 02.04.2018
and consequently, direct the respondents 3 to 5 to approve the building plan
resubmitted on 28.04.2017.
(2.) The petitioner is the owner of land situated in S.No.271/23A having an extent of 7 cents at Ko.Maruthapuram Village, Melaneethanallur, Sankarankovil
Taluk, Tirunelveli District. According to the petitioner, the said land originally
belonged to his brother and patta also stood in the name of his brother, later, the
said land was sold by his brother to him and now, he is in possession and
enjoyment of the property.
(3.) The petitioner applied for building plan approval for construction of shops and residential house in the abovesaid land and also submitted plan to the
3rd respondent. But, the said application was returned on 07.03.2017 for rectification
of some defects. After receipt of the said application returned by the
respondent, he rectified the defects mentioned therein and resubmitted a revised
plan immediately. When the petitioner made an enquiry with the 3rd respondent
regarding the application submitted for approval of revised plan, he was informed
that after removing the encroachment in pathway, the revised plan will be
considered and the said application was once again returned. Thereafter, the
petitioner resubmitted the application on 28.04.2017 to the 5th respondent, attaching
the documents and survey report of the 2nd respondent, which confirms the fact that
there is no encroachment in S.No.271/1. The 5 th respondent also dropped the
application in the Box provided in the office of the 4th respondent. Thereafter, there
was no communication with regard to the same.;
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