M.Settu v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2024
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and WMP.Nos.2271 and 2272 of 2024 M.Settu ...petitioner Vs.
1. The Commissioner, Arcot Municipality, Ranipet District.
2. Tahim Unissa Begum ...respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorari to call for the records of the impugned order dated 14.12.2023 in confirmation order on the file of the 1st respondent confirming the order in proceeding No.A.A.K. Serial No.09/2023/TPI dated 27.11.2023 on the file of the 1st respondent and quash the same.
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For petitioner : Mr.R.Rajarajan For respondents for R1 : Mr.P.Srinivas, Standing Counsel
ORDER
(The Order of the Court was made by S.S.SUNDAR, J) This petition is filed to quash the orders of the first respondent dated 14.12.2023 and 27.11.2023.
2. The impugned order is passed under Section 133(5), 135(1)(2) of the Tamil Nadu Urban Local Bodies Act, 1998 directing the petitioner to stop construction and file necessary application for getting approval.
3. Since the petitioner had commenced the construction without planning approval, the impugned order dated 27.11.2023 was issued directing the petitioner to stop construction. In the same order, the petitioner was advised to apply for building plan approval. Instead of either giving reply or apply for building permission, the petitioner has now filed the Writ Petition challenging the same.
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4. The learned counsel for the petitioner himself admits that the construction is without approved plan. The contention of the petitioner that the construction is semi permanent and it is only a shed, cannot be countenanced. Therefore, this Writ Petition is dismissed as devoid of merits. No costs. Consequently, connected miscellaneous petitions are closed. (S.S.S.R.J.,) (N.S.J.,) 01.02.2024 Index : Yes / No Speaking order: Yes/No pvs To The Commissioner, Arcot Municipality, Ranipet District.
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S.S.SUNDAR , J.
and N.SENTHILKUMAR , J.
pvs 01.02.2024 Page No.4/4