Covai Awareness Association v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.4762 of 2017 Covai Awareness Association (Reg. No.5/2017) Rep. by its President, Bharath Gupta 1-2, Subramaniyapuram, Street No.2 Coimbatore-641 002.

.. Petitioner Vs

1. The State of Tamil Nadu Rep. by Secretary to Government Housing and Urban Development Department Fort St. George, Chennai-9.

2. The Commissioner Coimbatore Corporation Coimbatore-641 001.

3. The Member-Secretary Coimbatore Local Planning Authority Corporation Commercial Complex Sivanantha Colony, Coimbatore-641 012.

4. Ramesh Veeramuthu .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 6.2.2017 take appropriate action to demolish remove the unauthorized and illegal construction put up by the 4th respondent on an unapproved plot of land comprised in Survey No.5/1, Upplipalayam Village, Singanallur, Coimbatore measuring 2350 sq.ft. which plot of land with building now bearing Door No.1, Balasubramaniam Nagar, Peelamedu, Coimbatore-4 within a stipulated time.

For Petitioner : Mr.B.Harikrishnan For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for 1st respondent Mr.S.Saravanan for 2nd respondent

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.T.N.Rajagopalan, Special Government Pleader takes notice for the first respondent and Mr.S.Saravanan, learned counsel takes notice for the second respondent.

2. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 6.2.2017 and take appropriate action to demolish remove the unauthorized and illegal construction put up by the 4th respondent on an unapproved plot of land comprised in Survey No.5/1, Upplipalayam Village, Singanallur, Coimbatore measuring 2350 sq.ft. which plot of land with building now bearing Door No.1, Balasubramaniam Nagar, Peelamedu, Coimbatore-4 within a stipulated time.

3. It is the case of the petitioner that the fourth respondent is putting up unauthorized construction without any sanction and the information obtained under the Right to Information Act is also to the same effect. The petitioner sent a representation to the second respondent on 6.2.2017 to take action to demolish the unauthorized construction. As the said representation did not receive any response from the respondent/authorities, the present writ petition is filed.

4. The learned counsel for the second respondent states that the representation of the petitioner shall be considered and appropriate action will be taken in accordance with law.

5. In view of the above submission made by the learned counsel for the second respondent, this writ petition is disposed of directing the second respondent to consider the representation of the petitioner dated 6.2.2017 and pass appropriate orders in accordance with law within two months from

the date of receipt of a copy of this order. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sasi To:

1. The Secretary to Government State of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai-9.

2. The Commissioner Coimbatore Corporation Coimbatore-641 001.

3. The Member-Secretary Coimbatore Local Planning Authority Corporation Commercial Complex Sivanantha Colony, Coimbatore-641 012.

+1 cc to Government Pleader sr 12572 +1 cc to M/s.S.Saravanan Advocate sr 11979 W.P.No.4762 of 2017 ak(co) aa14/03/2017