A S ARUNACHALAM Vs. DIRECTOR OF TOWN AND COUNTRY PLANNING; DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING; DISTRICT COLLECTOR, TIRUNELVELI DISTRICT; MUNICIPALITY COMMISSIONER, PULIANGUDI MUNICIPALITY; ANNAI MEENAKSHI EDUCATION COLLEGE

JUDGEMENT

(1.) Claiming himself to be the President of Welfare of Tax Payer Association and espousing the cause of students and public, Writ of Mandamus is sought for, directing the respondents 1 to 4 to remove the alleged unauthorised construction put by the Municipality Commissioner, Puliangudi Municipality, Puliangudi, Tirunelveli District, the 4th respondent herein, in Survey Nos.297, 298 and 312, Pampu Kovil Santhai Road, T.N.Pudukudi, Puliangudi, Sivigiri Taluk, Tirunelveli District.

(2.) According to the petitioner, the buildings in the abovesaid survey numbers have been constructed, without any approval from the District Collector, Tirunelveli District, Tirunelveli, the 3rd respondent herein. Notice dated 14.09.2010, under Sections 216(1) and (2) of the District Municipalities Act, 1920, has been issued for demolition. He has also submitted that construction of buildings without clearance from the Forest Department in Hill areas, is not permitted. He has also added that the Municipal Commissioner, Puliangudi Municipality, Puliangudi, Tirunelveli District, the 4th respondent herein, has submitted proposals, for approval of plan to the District Collector, Tirunelveli District, the 3rd respondent herein, who in turn, has sent the same, to the Deputy Director of Town and Country Planning, Tirunelveli Region, Palaiyamkottai, Tirunelveli District, the 2nd respondent herein, vide proceedings in Roc.No.3324/9/F1 dated 29.10.2012. It is the case of the petitioner that proposals have been returned and that clarifications have been sought for by the 2nd respondent.

(3.) The petitioner has further contended that though notice has been issued against the illegal construction, removal has not been done. According to him, if the buildings are permitted to be constructed, without sanction from the competent authority, public interest would be affected. He has also submitted a representation dated 01.11.2014 to the respondents, which remains unanswered and hence, the Mandamus stated supra, is sought for.