Basheer v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR
1. Mr.Basheer
2. Mrs.Mumtaj ..
Petitioners v.
1. The Commissioner Coimbatore District, TN-642 001
2. The District Collector District Collectorate Office State Bank Road Gopalapuram, Coimbatore TN-641 018
3. The Assistant Director Town and Country Planning Department Collectorate Campus Coimbatore TN-641 018
4. The Building Inspector TN-642 001
5. Kaviya W/o Mohammed Fawaaz ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to inspect the property situated in T.S.No.192/2, Gavya Complex 2, Good Shed Road, near Thiruvalluvar Thidal, Pollachi 642 001, measuring an extent of 1440 sq.ft and consequentially initiate appropriate action for removal of unauthorised construction if any within a stipulated time frame as prescribed by this Court.
For Petitioners ::
Mr.K.M.Mrithunjayan For Respondents ::
Mr.B.Anand Standing Counsel for R1 & R4 Mr.G.Ameedius Government Advocate for R2 & R3 Mr.Rishi Nandhan R.B for M/s S.Akila for R5
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) Since the petitioners are husband and wife, W.M.P.No.4157 of 2025 seeking to permit them to file a single writ petition stands ordered on
payment of single Court fee.
2. With reference to the relief sought for in the present writ proceedings, the municipal authorities conducted field inspection and issued notice for production of documents under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 in proceeding dated 14.02.2025. In view of the fact that action has already been commenced, the respondents 1 to 3 are directed to continue all further actions by following the due procedures as contemplated under the Act and if any unauthorised construction/deviations are identified, they are to be removed by following the procedures after affording opportunity to the parties. The said exercise is directed to be completed as expeditiously as possible. The writ petition stands disposed of. No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.) 03.03.2025 ss
To
1. The Commissioner Coimbatore District, TN-642 001
2. The District Collector District Collectorate Office State Bank Road Gopalapuram, Coimbatore TN-641 018
3. The Assistant Director Town and Country Planning Department Collectorate Campus Coimbatore TN-641 018
4. The Building Inspector TN-642 001
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss 03.03.2025