Santhanalakshmi v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2024 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR Mrs.Santhanalakshmi W/o A.M.Sekhar ..

Petitioner v.

1. The Collector Coimbatore District Collector Office 7/1, State Bank Road Gopalapuram Coimbatore 641 018

2. The Commissioner Coimbatore City Municipal Corporation Town Hall, Big Bazaar Street Coimbatore 641 001

3. Executive Engineer (Planning) Coimbatore Town and Country Planning Office Door No.50, FCI Road, Gandhimanagar Ganapathy, Coimbatore 641 004

4. S.Venkadesan

5. V.Sasikala ..

Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 30.01.2024. For Petitioner ::

Mr.G.Govarthanan For Respondents ::

Mr.R.Vigneswaran Government Advocate for R1 & R3 Mr.D.B.R.Arunkumar Standing Counsel for R2 No appearance for R4 & R5

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus to the respondents to consider the representation of the petitioner dated 30.01.2024.

2. The petitioner submitted a representation on 30.01.2024 to the Commissioner, Coimbatore City Municipal Corporation to take action against the unauthorised construction put up by the respondents 4 & 5. Since no action has been taken, the petitioner is before this Court.

3. Even though the respondents 4 & 5 have been served and their names are shown in the causelist, none appeared. In such circumstances, this Court is inclined to dispose of the writ petition with the following directions:- (i) The second respondent is directed to consider the representation of the petitioner dated 30.01.2024 and to take necessary action against the private respondents, in case they have not obtained planning permission as pleaded by the petitioner.

(ii)The second respondent shall cause adequate notice to the private respondents before taking any coercive action. No order as to costs.

Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 25.06.2024 ss To

1. The Collector Coimbatore District Collector's Office 7/1, State Bank Road Gopalapuram Coimbatore 641 018

2. The Commissioner

Coimbatore City Municipal Corporation Town Hall, Big Bazaar Street Coimbatore 641 001

3. The Executive Engineer (Planning) Coimbatore Town and Country Planning Office Door No.50, FCI Road, Gandhimanagar Ganapathy, Coimbatore 641 004

S.S.SUNDAR,J.

AND N.SENTHILKUMAR,J.

ss 25.06.2024