RAJAN DAVID LIVINGSTON Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This petition has been filed seeking a writ of mandamus directing the first Respondent to consider the Petitioner's representation dated 22.12.2010 to give permission to continue the construction of multipurpose building in Plot Nos. 103 and 110 in Survey Nos. 51 & 52 of Suthamalli Village, Tirunelveli District.

(2.) The Petitioner would contend that originally, the land was gifted by his father for establishing multi-purpose building for helping poor and aged persons and for construction of a church. The then Pastor Dr. M.Rajendran had sought building plan approval and permission was granted on 01.08.2002 and then, on 22.09.2003, the fourth Respondent extended the plan approval and on 18.08.2004, receipt was given to that effect, but, he could not put up construction and the construction has been stopped with the lintel level due to lack of funds. Thereafter, on 14.12.2009, the Petitioner was appointed as Pastor of the said church and people are now willing to donate for construction of building and they wanted to shift the church from the small rental building to their own. They have also obtained No. Objection Certificate from various others in that area and religious activities are necessary for them. Therefore, the Petitioner gave a representation on 22.12.2010 seeking permission for continuous construction of the building and for prayer meeting, for which, since there was No. response, he has come forward with the present writ petition seeking a writ of mandamus directing the first Respondent to consider his representation dated 22.12.2010 for giving permission to continuous construction of the multi-purpose building in Plot Nos. 103 and 110 of Survey Nos. 51 & 52 of Sutthamalli Village, Tirunelveli District.

(3.) Notice of motion was ordered and the learned Additional Government Pleader brought to the notice of this Court that the permission to put up construction expired as early as 29.07.2004. In fact, as per the communication dated 22.09.2003, the permission earlier granted was extended to put up construction only upto 29.07.2004. Thereafter, the then owner sought further extension by receipt dated 18.08.2004 and permission was further extended from 30.07.2004 to 29.07.2005 and after that, they have never approached the authorities seeking any extension and therefore, the permission which was originally granted in the year 2002 has lapsed with effect from 29.07.2005. The Petitioner has never approached the authorities till the submission of the present representation dated 22.12.2010. Even now, the representations dated 10.06.2010 and 22.12.2010 were only given to the District Collector seeking continuous construction of the building as per the permission granted earlier in the year 2002. The Petitioner has not followed the procedure as contemplated under the Planning Permit Act. In any view of the matter, the representation is baseless as there is No. basis at all on the representation seeking to construct the building as per the original approval.