Peelamedu Bharathi Colony v. The Commissioner Of Town And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.12.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.29996 of 2005 and W.P.M.P.Nos.32877 & 32878 of 2005 and W.P.M.P.No.14882 of 2006 Peelamedu Bharathi Colony Veetumanai Urimaiyalargal Pothunala Sangam (Registration No.2000/0307) East Rotary Community Hall, Bharathi Colony Peelamedu, Coimbatore - 641 004 Rep.by its Secretary, Mr.J.Radhakrishnan ..Petitioner vs 1.The Commissioner of Town and Country Planning 807, Anna Salai, Chennai - 600 002.
2.The Commissioner, Big Bazaar Street, Coimbatore - 641 001.
3.The District Collector/Chairman Local Planning Authority, Collectorate, Coimbatore.
4.The Member Secretary/Joint Director, Local Planning Authority, Corporation Commercial Complex, Tatabad, Sivananda Colony Coimbatore - 641 012.
5.The Town Planning Officer, Coimbatore - 641 002.
6.M/s.Shankar Foundation, 27, Sengupata Street,
Ram Nagar, Coimbatore - 641 009.
Rep.by its Partners:
Mr.Ramani Shankar & Mr.Omkar Shankar 7.Mr.Vetrivel 8.Mr.Ramasamy 9.Subodh Prasanna Shankar 10.Siddarth Gopala Sankar 11.Omkar Vikram Sankar 12.V.Sivasubramania Guhan 13.M.Subramaniam 14.RM.Visalakshi 15.RM.Meenakshi .. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 5 from processing and approving the application for plan approval and building permission for high rise buildings in favour of the 6th to 15th respondents with reference to S.F.No.416, 417, 426, 431 of Sowripalayam Village and in Bharathi Colony, lal Bahadur Colony, Shringar Nagar, Gopal Nagar, Surya Gardens, Shringar Nagar Extension, K.E.N.Layout Coimbatore.
For Petitioner : Mr.M.Sriram For Respondents : Mr.Akhil Akbar Ali, Government Advocate for R1, R3 to R5 Mr.R.Sivakumar for R2 Mr.N.L.Rajah, Senior counsel for M/s.Rajan and Venkatesan for R8 No appearance for R6, R7, R9 to R15
O R D E R
The relief sought for in this writ petition is to forbear the respondents 1 to 5 from processing and approving the application for plan approval and building permission for high
rise buildings in favour of the 6th to 15th respondents with reference to S.F.Nos.416, 417, 426, 431 of Sowripalayam Village and in Bharathi Colony, lal Bahadur Colony, Shringar Nagar, Gopal Nagar, Surya Gardens, Shringar Nagar Extension, K.E.N.Layout Coimbatore.
2.The learned counsel for the writ petitioner fairly made a submission that for the past about 13 years, no Multi Story building is being constructed in the land in question. In fact, no construction activities are undertaken as of now in respect of the land described in the present writ petition. 3.However, it is made clear that in the event of submitting any proposal for building plan permission, the competent authorities are bound to follow the rules strictly and scrupulously. The competent authorities, while approving the building plan approvals, are bound to follow the rules and even at the time of the construction, the local authorities have to conduct periodical inspections of the buildings and ensure that the builders or the owners construct the building as per the building plan approvals granted by the local authority with reference to the rules.
4.In view of the fact that no construction has been put up in that locality, which is described in the present writ petition, no further consideration is required in respect of the grounds raised in the present writ petition.
5.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kak To 1.The Commissioner of Town and Country Planning 807, Anna Salai, Chennai - 600 002.
2.The Commissioner, Big Bazaar Street, Coimbatore - 641 001.
3.The District Collector/Chairman Local Planning Authority, Collectorate, Coimbatore.
4.The Member Secretary/Joint Director, Local Planning Authority, Corporation Commercial Complex, Tatabad, Sivananda Colony Coimbatore - 641 012.
5.The Town Planning Officer, Coimbatore - 641 002.
+1 cc to M/s.M.Sriram, Advocate Sr.No.84252 +1 cc to M/s.R.Sivakumar, Advocate Sr.No.83594 +1 cc to The Special Government Pleader, Sr.No.85140 W.P.No.29996 of 2005 SVN(CO) CSL/27.12.2018