Madras High Court
A. Shamshathbegam vs The Executive Officer on 20 January, 2021
Writ Petition No.1025 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20/1/2021
CORAM
THE HONOURABLE Mr.JUSTICE B.PUGALENDHI
Writ Petition No.1025 of 2021
A. Shamshathbegam ... Petitioner
Vs
The Executive Officer
Harur Selection Grade Panchayat
Harur
Dharmapuri District. ... Respondent
Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of mandamus to direct the respondent to grant plan
approval to put up construction of residential building, bathroom and
compound wall at his place in Old S.No.8/55, New S.No.20/2A of
Mettupatti Village, Harur Taluk, Dharmapuri District.
For petitioner ... Mr.J.Pradeep
For respondent ... Mr.D.Venkatesan
Government Advocate
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1/4
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Writ Petition No.1025 of 2021
ORDER
This writ petition has been filed to direct the respondent to grant plan
approval to put up construction of residential building, bathroom and
compound wall at Old S.No.8/55, New S.No.20/2A of Mettupatti Village,
Harur Taluk, Dharmapuri District.
2. The case of the petitioner is that the petitioner had approached the
respondent for grant of approval, to put up construction of a residential
building, bathroom and compound wall, in Old S.No.8/55, New S.No.20/21
of Mettupatti Village, Harur Taluk, Dharmapuri District, in the year 2000.
But the respondent has not granted approval. Hence, the petitioner had
filed a suit in O.S.No.29 of 2000, for permanent injunction against the
respondent, before the District Munsif Court, Harur, Dharmapuri District
and the same was decreed in favour of the petitioner by judgment and
decree, dated 21/8/2001. On 11/9/2020, the petitioner had sent a
representation, with the requisite documents through Registered Post and
the respondent had also acknowledged the same. Since the respondent has
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Writ Petition No.1025 of 2021
not considered the representation of the petitioner, dated 11/9/2020, so far,
petitioner has approached this Court for the relief stated supra.
3. Mr.D.Venkatesan, learned Government Advocate takes notice for
the respondent and has sought for short accommodation, to ascertain why
the respondent has not considered the application of the petitioner, dated
11/9/2020.
4. This Court also directed to ascertain whether any appeal has been
filed as against the judgment and decree, dated 21/8/2001, made in
O.S.No.29 of 2000.
5. Mr.D.Venkatesan, learned Government Advocate, after getting
oral instruction from the respondent submitted that the respondent has not
preferred any appeal as against the judgment and decree passed in
O.S.No.29 of 2000.
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Writ Petition No.1025 of 2021
B.PUGALENDHI,J
mvs.
6. In view of the submissions made by the respective counsel, this
Court is inclined to issue a direction to the respondent, to take a decision on
the application filed by the petitioner, for the building plan approval, within
a period of three weeks, from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No
costs.
20/1/2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
mvs.
To
The Executive Officer, Harur Selection Grade Panchayat
Harur, Dharmapuri District.
Writ Petition No.1025 of 2021
https://www.mhc.tn.gov.in/judis/
