(Order of the Court was made by The Hon'ble Chief Justice) The petitioner, the Vice President of Pozhichalur Panchayat, seeks to raise the issue of the Punitha Thomaiyarmalai Panchayat Union granting planning permission to the second respondent as being erroneous in law.
2.Learned counsel for the second respondent points out that the wife of the petitioner, who was the then President of the Panchayat, had filed a civil suit for injunction in respect of the same issue of planning permission, in which no interim orders were granted and that the suit was ultimately dismissed. He points out that the writ petition was filed at the interregnum stage when the suit was pending, but no order was passed in the interim application. On our query, this position is not disputed on behalf of the petitioner.
3.The second respondent further states that these proceedings are vendetta proceeding as the second respondent had complained against the petitioner, which resulted in an order for removal of the petitioner from the post which she assailed in Writ Petition No.3177 of 2009, which was dismissed on 30.09.2011. It is stated that however, in the meantime, the tenure of the petitioner was also over.
4.The aforesaid facts are sufficient to come to the conclusion that this is a motivated action on part of the petitioner and the concerned authority has issued the planning permission which cannot be called into question by the petitioner.
Writ petition is, accordingly, dismissed. No costs.
(S.K.K., CJ.) (M.S., J.) 31.01.2017 Index : Yes/No Website : Yes/No sra The Hon'ble Chief Justice and M.Sundar, J.
(sra) To
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The District Revenue Officer, Kancheepuram District, Kancheepuram.
3.The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District.
W.P.No.19912 of 2011 31.01.2017 http://www.judis.nic.in