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R.Shankaranarayanan vs The District Collector

Madras High Court|10 March, 2017

JUDGMENT / ORDER

This writ petition has been filed to quash the proceedings of the 3rd respondent dated 12.07.2015.
2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
3.Mr.V.Vijayaraman, Special Sub Inspector of Police, Veerapandi Police Station, Theni District is present.
4.It is seen that the petitioner is the President of Perunthalaivar Kamarajar Narpani Iyakkam and that when he took steps to built a meeting hall in the name of the Departed Late Lamented Mr.Kamarajar, former Chief Minister of the State, the third respondent has passed the impugned order dated 12.07.2015 prohibiting the petitioner from proceeding with the construction.
5.The learned counsel for the petitioner submitted that the petitioner was not proposing to construct any memorial for the departed leader, but had wanted to construct only a meeting hall, but whereas the impugned order proceeds on the premise that the petitioner is proceeding to construct a memorial. That apart, the petitioner has made necessary application to construct a meeting hall to the District Collector and other authorities for permission. While so, the police can have no objection, if the construction is made after getting due permission.
6. Mr.T.S.Mohammed Mohideen, Additional Government Pleader, fairly conceded the position and submitted that the impugned order is not on good taste.
7. In the result, this writ petition is allowed and the impugned order is hereby quashed with liberty to the petitioner to obtain necessary permission from the municipal authorities and proceed with the construction in his own patta land. No costs. Consequently connected Miscellaneous Petitions are closed.
To
1.The District Collector, Theni District.
2.The Deputy Director Town and Country Planning Authority, No.4, Hakeenajamal Khan Road, Chinachokikulam, Madurai
3.The Inspector of Police, Palanichettipatti Police Station, Theni District..
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Title

R.Shankaranarayanan vs The District Collector

Court

Madras High Court

JudgmentDate
10 March, 2017