PRINCIPAL HEBRON SCHOOL LUSHINGTON HALL UDHAGAMANDALAM Vs. GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Mandamus, forbearing the respondents 2 and 3 from in any manner proceeding with or demolishing the construction put up by the petitioner in S.No.4221/2F2 and 4221/2GB, Ootacamund pursuant to the proceedings of the Collector, The Nilgris District at Uthagamandalam and made in Rc.D7.No.21222/2002-6 dated 17.7.2002 and received on 23.7.2002 pending disposal of the review petition before the first respondent.

(2.) LEARNED counsel for the petitioner states that a review petition has been filed to the first respondent and the same is pending.

(3.) IN the writ petition, the petitioner states that he has preferred a review to the first respondent along with a stay petition on 29.7.2002. Since the review petition is pending before the first respondent along with application for stay and in view of the G.O.(D)No.651 Housing and Urban Development (UD4-1) Department dated 28.10.2004, petitioner is at liberty to pursue the review application before the first respondent on its own merits and in accordance with law. This court is not inclined to interfere with the proceedings of the respondents 2 and 3 at this stage when the review application is pending before the first respondent. Petitioner is entitled to take appropriate proceedings as may be advised. The writ petition at this point of time, cannot be considered on merits. Accordingly, this writ petition is disposed of giving liberty to the writ petitioner as above. No costs.