P.Suriyanarayanan v. The Principal Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA and W.M.P.No.3898 of 2023 1.P.Suriyanarayanan 2.S.Prasanna Venkatesh .. Petitioners Vs.
1.The Principal Secretary to the Government, Housing and Urban Development, [UD4(1)] Department, The Secretariat, Chennai - 600 009.
2.The Principal Secretary to the Government, Municipal Administration & Water Supply Department, The Secretariat, Chennai - 600 009.
3.The Director, Door No.75, Santhome Road, MRC Nagar, Raja Annamalai Nagar, Chennai - 641 028.
4.The Commissioner, Big Street, Coimbatore - 641 001.
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5.The Assistant Commissioner, (Central Zone), Ossur Road, Coimbatore - 641 018.
6.Vasantha 7.Suresh Kumar 8.Pazhani .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 4 and 5 to stop and remove the unlawful construction in the Door No.455 and Town Survey No.193, Coimbatore - 641 001. For Petitioners : Mr.B.Nedunzhelian For R1 to R5 : Mr.P.Gurunathan Additional Government Pleader
O R D E R
(Order of the Court was delivered by V.M.VELUMANI, J.) The Writ Petition is filed for a direction to the respondents 4 and 5 to stop and remove the unlawful construction in the Door No.455 and Town Survey No.193, Coimbatore - 641 001.
2. By consent of both the learned counsel appearing for the petitioners as well as Mr.P.Gurunathan, learned Additional Government 2/6
Pleader, who takes notice for the respondents 1 to 5, the writ petition is taken up for final disposal at the stage of admission itself.
3. Heard Mr.B.Nedunzhelian, learned counsel appearing for the petitioners as well as Mr.P.Gurunathan, learned Additional Government Pleader appearing for the respondents 1 to 5 and perused the entire materials on record.
4. According to the petitioners, the property bearing Door No.456457, Telugu Street, Coimbatore is in possession of the petitioners. The respondents 6 to 8 are the adjacent land owners of the petitioners' property bearing Door No.455 and Town Survey No.193, Telugu Street, Coimbatore. The respondents 6 to 8 demolished the building and have started laying foundation without providing setback area in all sides. Therefore, the petitioners have given a representation dated 09.01.2023 to the respondents 4 and 5. However, till date, they have not taken any action. In such circumstances, the petitioner has come out with the present writ petition.
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5. Mr.P.Gurunathan, learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the respondents 4 and 5 will inspect the property in question and take necessary action in accordance with law.
6. Considering the above submission of the learned counsel appearing for the petitioners and learned Additional Government Pleader appearing for the respondents 1 to 5, the respondents 4 and 5 are directed to inspect the property in question within a period of fifteen (15) days from the date of receipt of a copy of this order. If there is any unauthorised construction is found, the respondents 4 and 5 shall take necessary action in accordance with law.
7. With the above directions, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (V.M.V., J) (R.H., J) 10.02.2023 (2/2) Index : Yes / No dm 4/6
To 1.The Principal Secretary to the Government, Housing and Urban Development, [UD4(1)] Department, The Secretariat, Chennai - 600 009.
2.The Principal Secretary to the Government, Municipal Administration & Water Supply Department, The Secretariat, Chennai - 600 009.
3.The Director, Door No.75, Santhome Road, MRC Nagar, Raja Annamalai Nagar, Chennai - 641 028.
4.The Commissioner, Big Street, Coimbatore - 641 001.
5.The Assistant Commissioner, (Central Zone), Ossur Road, Coimbatore - 641 018.
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V.M.VELUMANI, J.
and R.HEMALATHA, J.
dm 10.02.2023 (2/2) 6/6