Mrs.Bhuvaneswari v. The Commissioner
2025:MHC:1048
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND WMP NO. 5437 OF 2025 Mrs.Bhuvaneswari Petitioner(s) Vs
1. The Commissioner Coimbatore Corporation, Town Hall, Coimbatore City.
2.The Asst. Commissioner Coimbatore Corporation, South Zone, Idayarpalayam Palakad Road, Coimbatore.
3.Thangasamy Respondent(s) PRAYER Directing the respondents 1 and 2 to prosecute the 3rd respondent U/s. 133(5), 135(1), (2) and (6) and Sec.186 of the Tamil Nadu Rural and Local Administration Act, 1998 thereby preventing the 3rd respondent from
proceeding with the unauthorized construction and from occupying such unauthorised construction, taking into account the petitioner's representation dated 23.09.2024 and 26.09.2024 as well as the "Stop Construction Notice" dated 27.12.2024 issued by the 1 and 2nd respondent to 3rd respondent in respect of his property bearing Door No.12/70-N, Muthaliar Street, Sundarapuram, Coimbatore 641024.
For Petitioner(s):
Mr.R.Shanmugham For Respondent(s):
Mr. D. Ferdinand SC For R1 & R Mr. G.R.Deepak For R3
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The writ of mandamus has been instituted to direct the respondents 1 and 2 to prosecute the 3 rd respondent under Sections 133(5), 135(1), (2) and (6) and Section 186 of the Tamil Nadu Rural and Local Administration Act, 1998 to preventing the 3 rd respondent from proceeding with unauthorized construction and occupying the same by taking into account of the petitioner's representations dated 23.09.2024 and 26.09.2024, as well as the "Stop Construction Notice" dated 27.12.2024 issued by the respondents 1 and 2 to the rd respondent regarding the property at Door No.12/70-N, Muthaliar Street, Sundarapuram, Coimbatore 641024.
2. With reference to the allegations regarding unauthorised construction put up by the 3 rd respondent without any building plan permission, this Court directed the Corporation authorities to conduct a field inspection and ascertain the facts.
3. The learned Standing counsel appearing on behalf of the Coimbatore Corporation submitted, based on instruction, that the construction has been halted at the instance of the Corporation authorities. It was found that the 3 rd respondent had not obtained building plan permission. Thus, the construction in entirety is unauthorised.
4. In view of the said factum, respondents 1 and 2 are directed to continue enforcement actions by following the procedures and conclude the same within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 27-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Commissioner Coimbatore Corporation, Town Hall, Coimbatore City.
2.The Asst. Commissioner Coimbatore Corporation, South Zone, Idayarpalayam Palakad Road, Coimbatore.
3.THANGASAMY 12/70-n, Muthaliar Street, Sundarapuram, Coimbatore 641024.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
Jeni 27-03-2025