Mrs.M.Rajakumari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.1033 of 2018 M.Rajakumari .. Petitioner Vs
1. The District Collector Tiruvannamalai District District Collector's Office Vengikkal Tiruvannamalai - 606604.
2. The Commissioner Tiruvannamalai Municipality Sannathi street Tiruvannamalai-606601.
3. M.Sankaranathan
4. M.Saravanan
5. Mohan
6. Periyathai Ammal
7. C.N.AmirthaRaj .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 herein to consider the petitioner's representation dated 03.10.2017 requesting to take necessary action against the unauthorised constructions (more fully described in the Schedule of Property annexed to the writ petition prayer) constructed by respondents 3 to 7 in T.S.No.1853/1A1 in a total extent of 62 cents for which the new T.S.No.1853/22A, 1853/22B, situated at Ward No.4, Block No.33, Manakula Vinayakar Street, (Chengam Road No.4), Tiruvannamalai Town and District as per the Tamil Nadu Town and Country Planning Act, 1971.
For Petitioner : Mr.S.Vediappan
For Respondents : Mr.S.Kamalesh Kannan Government Advocate for 1st respondent Mr.A.S.Thambusamy for 2nd respondent No appearance for respondents 3 to 7
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Vediappan, learned counsel for the petitioner; Mr.S.Kamalesh Kannan, learned Government Advocate for the first respondent and Mr.A.S.Thambusamy, learned counsel for the second respondent.
2. The petitioner is seeking direction to respondents 1 and 2 to consider the petitioner's representation dated 3.10.2017 to take action against the unauthorized construction put up by respondents 3 to 7 in T.S.No.1853/1A1 in a total extent of 62 cents for which the new T.S.No.1853/22A, 1853/22B, situated at Ward No.4, Block No.33, Manakula Vinayakar Street, (Chengam Road No.4), Tiruvannamalai Town and District as per the Tamil Nadu Town and Country Planning Act, 1971.
3. The learned counsel for the second respondent, i.e., the Commissioner, Thiruvannamalai Municipality, Thiruvannamalai, has tendered counter, wherein it is stated that they issued notice dated 19.3.2019 to respondents 4 and 5 under Sections 56, 57, 49 and 47A of the Tamil Nadu Town and Country Planning Act, 1971 calling upon them to produce the approved plan. It is further stated in the counter affidavit that if respondents 4 and 5 fail to produce the approved plan, the building in question would be locked and sealed and further action would be taken as per law. It is also stated that, on 10.7.2019, they have issued Form-II notice to respondents 4 and 5.
4. The learned counsel for the second respondent Municipality stated that they will take action in accordance with law in relation to the said unauthorized structure.
5. Thus, it is seen that the authorities are taking action in relation to the unauthorized structure. Hence, in our view, no further orders are necessary and, therefore, this writ petition is closed. No costs.
sasi Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To 1 The District Collector Tiruvannamalai District District Collector's Office Vengikkal Tiruvannamalai - 606604.
2 The Commissioner Tiruvannamalai Municipality Sannathi street Tiruvannamalai-606601.
+1cc to the Govt.Pleader, vide SR.No.66359 +1cc to Mr.S.Vediappan, Advocate, SR.No.66120 W.P.No.1033 of 2018 Kak(18/09/2019)