P.Marimuthu, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.04.2018

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM W.P.No.7090 of 2018 and WMP.Nos.8790 and 8791of 2018 P.Marimuthu ..

Petitioner

Versus

1.The Commissioner, Directorate of Town and Country Planning, Chengalvarayan Building, 4th Floor, 807 Anna Salai, Chennai-600 002.

2.The Deputy Director, Directorate of Town and Country Planning Salem Region, 6, Sannathi Street, Subramania Nagar, Sooramangalam, Salem 636 005. 3.The Commissioner, Attur Municipality, Municipality Office, Attur. Salem District-636 102.

4.Executive Engineer, (Operation & Maintenance) TANGEDCO Attur Town, Salem District-636 102.

5.C.Ravishankar ..

Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the 3rd respondent to demolish the illegal structure put up by the 5th respondent in the premises at Door No.775, 777, Ranipet, Attur Post-636 102, Salem District and restore the building to its Original Building Plan in Letter No.89/2005/F1 dated 05.10.2005.

For Petitioner : Mr.S.Sai Sathyajith For Respondents : Mr.A.N.Thambidurai, Spl GP for R1 & R2 Mr.A.SThambusami for R3 Mr.S.K.Raameshwar for R4 Mr.P.G.Perumal Pandian for R5

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] Admittedly, the petitioner at the time of filing of the writ petition, styled as Public Interest Litigation, did not adhere to the rules to regulate the Public Interest Litigation under Article 226 of the Constitution of India in R.O.C.No.670A/2010/F-1. In the light of the same, the writ petition is dismissed. However, if the petitioner is so advised, and if it is open to him under law, he can file the Public Interest Litigation by strictly adhering to the said rules.

2. In the light of pendency of WP.No.21586/2017, interim order of disconnection of electricity in the said order shall continue in WP.No.21586/2017. However, it is made clear that till the disposal of the writ petition, the premises in question shall not be put under lock and seal.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar sk To 1.The Commissioner, Directorate of Town and Country Planning, Chengalvarayan Building, 4th Floor, 807 Anna Salai, Chennai-600 002.

2.The Deputy Director, Directorate of Town and Country Planning Salem Region, 6, Sannathi Street, Subramania Nagar, Sooramangalam, Salem 636 005.

3.The Commissioner, Attur Municipality, Municipality Office, Attur. Salem District-636 102.

4.Executive Engineer, (Operation & Maintenance) TANGEDCO Attur Town, Salem District-636 102.

+1 CC to Govt. Pleader sr 30013.

+1 CC to Mr.S.K. Rameshuwar, Advocate sr 30099. +1 CC to Mr.V. Raghavachari, Advocate sr 29091 +1 CC to Mr.S. Sai Sathyjith, Advocate sr 29261. +1 CC to Mr.A. S. Thambuswamy, Advocate sr 29380 W.P.No.7090 of 2018 SJ(CO) SP(15/05/2018)