M.MUTHUPANDIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(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.