D.V.Defin David v. The District Collector

ORDER Heard the learned counsel appearing on either side.

¶2The petitioner wants to set up a Shuttle Badminton Indoor Court in the petition mentioned patta land. The fifth respondent has rejected the application on certain grounds. The petitioner is permitted to resubmit the application after rectifying the defects pointed out by the fifth respondent.

¶3I went through the impugned order, dated 25.05.2023 passed by the fifth respondent. I am of the view that some of the grounds of return are absolutely irrelevant. After the petitioner resubmits the application, the fifth respondent shall pass an order thereon within a period of four weeks thereafter. If an adverse order is still passed, it is always open to the petitioner to file an appeal before the second respondent and the second respondent will take a call in the matter.

¶4With these observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

13.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No RM To:

1.The District Collector Kanyakumari District at Nagercoil.

2.The Assistant Director of Village Panchayat, Kanyakumari District at Nagercoil.

3.The Block Development Officer Munchirai, Kanyakumari District.

4.The District Differently Abled Welfare Officer, Nagercoil, Kanyakumari District.

5.The Panchayat President Adaikkakuzhi Village Panchayat, Adaikkakuzhi (Post), Kanyakumari District - 629 153.

G.R.SWAMINATHAN, J. RM

13.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.25404 & 25406 of 2023 D.V.Defin David ... Petitioner Vs. 1.The District Collector Kanyakumari District at Nagercoil. 2.The Assistant Director of Village Panchayat, Kanyakumari District at Nagercoil. 3.The Block Development Officer Munchirai, Kanyakumari District. 4.The District Differently Abled Welfare Officer, Nagercoil, Kanyakumari District. 5.The Panchayat President Adaikkakuzhi Village Panchayat, Adaikkakuzhi (Post), Kanyakumari District - 629 153. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Letter No.A10/01/23-24 dated 02.05.2023 passed by the 5th respondent and the consequential impugned Letter No.A10/01/23-24 dated 25.05.2023 passed by the 5th respondent and to quash the same and consequently direct the 5th respondent to grant permission for the construction of the Indoor Shuttle Badminton Court at their property in Sy.No.-34/2, Adaikkakuzhi Village (Methukummal Village), Killiyour Taluk (Vilavancode Taluk), Kanyakumari District. For Petitioner : Mr.M.Pounraj For Respondents : Mr.M.Prakash – for R1, R2 & R4 Additional Government Pleader Mr.A.Albert James – for R3 Government Advocate Mr.P.Arun Jayatram – for R5