The Sindhu Seva Samithi Trust v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.4507 of 2025 and Writ Miscellaneous Petition No.5019 of 2025 The Sindhu Seva Samithi Trust, Rep by its President M.Palanisamy, Sarada Vidyalaya Matriculation Higher Secondary School, Campus, Pandian Nagar, Tirupur - 641 602 Tirupur District.

... Petitioner Vs.

1. The Commissioner, Mangalam Road, Tirupur - 641 604.

2. The Assistant Commissioner, Tirupur - 641 601.

3. G.Velusamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India for 1/6

issuance of Writ of Mandamus to direct the first respondent herein to take action in accordance with law and demolish the unauthorized construction put up by the 3rd respondent herein in the land bearing Survey No.119/1C2 and 119/1C3 of B.N Road, Anna Nagar, Neruperichal Village, Trippur City Municipal Corporation in the light of the order passed by this Court dated 06.03.2023 made in W.P.No.28776 of 2017.

For Petitioner : Mr.M.Venkadeshan For RR1 & 2 : Mr.Abishekmurthy Standing Counsel For R3 : No appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ petition has been instituted to direct the first respondent to take action in accordance with law and demolish unauthorized construction put up by the 3rd respondent herein in the land bearing Survey No.119/1C2 and 119/1C3 of B.N Road, Anna Nagar, Neruperichal Village, Trippur City Municipal Corporation.

2. Notice served on the third respondent and name was also printed in the cause list but none appeared.

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3. The learned counsel for the petitioner would submit that pursuant to the earlier directions issued by this Court, the respondents 1 and 2 have not initiated appropriate actions. The third respondent filed another writ petition in W.P.No.4586 of 2019, and this Court granted liberty to the third respondent to prefer revision under Section 80-A of the Tamil Nadu Town and Country Planning Act. Accordingly, the revision petition filed by the third respondent was adjudicated and final order was passed by the Government, vide letter dated 14.06.2024.

4. The Government also passed the following orders. "8. Considering the above facts and submissions made, the Government hereby dismiss the revision petition filed by Thiru G.Velusamy, Tiruppur under Section 80(A) and stay petition under Section 80A(3) of Tamil Nadu Town and Country Planning Act, 1971 against the lock and seal notice issued to the factory building put up at S.No.119/1C2 and 119/1C3 of B.N.Road, Anna Nagar, Neruperichal Village, Tiruppur City Municipal Corporation, Tiruppur District as the building has been constructed unauthorizedly with many violations and the revision petitioner is one of the 24 owners of the land who alone cannot rectify the building to satisfy the rules without consent of other owners. The Local panning Authority/Tiruppur City Municipal Corporation is directed to pursue necessary further action as per 3/6

the orders of the Hon'ble High Court, dated 06.03.2023."

5. In view of the above Government Order, the respondents 1 and 2 are directed to demolish the unauthorized construction by executing the Government Order within a period of four (4) weeks from the date of receipt of a copy of this order.

6. The Writ petition stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition also stands closed. (S.M.S., J.) (K.R.S., J.) 10.03.2025 ssi Index: Yes Speaking Order: Yes/No To

1. The Commissioner, 4/6

Mangalam Road, Tirupur - 641 604.

2. The Assistant Commissioner, Tirupur - 641 601.

S. M. SUBRAMANIAM., J.

AND K. RAJASEKAR., J.

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ssi W.P.No.4507 of 2025 and W.M.P.No.5019 of 2025 10.03.2025 6/6