P.Mani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Mani ...

Petitioner versus 1.The Commissioner, Hosur Corporation, Hosur.

2.The Deputy Director, Town and Country Planning, Hosur New Town Development Commission 25/2, Nethaji Road, Hosur 635 109 3.Dr.Prasannaraj ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to take appropriate action in the light of notice dated 18.08.2022 issued by the first respondent and to take appropriate steps to demolish the unauthorised construction put up by the 3rd respondent based on the petitioner's representation dated 14.01.2023. For the Petitioner :

Mr.S.Velmurugan For the Respondents :

Mr.T.Balaji, Standing Counsel for R1

No appearance for R2 & R3

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner, who is a resident of Kallakurichi District, has filed this writ petition seeking a writ of mandamus, directing the official respondents to take appropriate action against the third respondent, who is running a eye's clinic at Hosur, Krishnagiri District.

2. Learned counsel for the petitioner would submit that the petitioner, being a resident of Chinnasalem Taluk, Kallakurichi District, while visiting his relative's house at Hosur, had an occasion to visit an eye care hospital functioning in the name and style of 'Sabari Eye Care Hospital', which is owned by the third respondent. The petitioner found that the hospital does not have parking facilities and it was constructed without leaving any setback, open space etc., by deviating the sanctioned approval plan. In support of his submission, the learned counsel has also produced before us proceedings of the first respondent, dated 18.08.2022, wherein violation committed by the third respondent in the construction has been stated.

3. Learned counsel for the first respondent also submitted that action has

been taken on the deviation that has been complained of before this Court.

4. Since action has already been taken by the official respondents, no adjudication is necessary in this writ petition. Even otherwise, we do not find any merits in this writ petition. The writ petition is dismissed. There will be no order as to costs. Consequently, WMP No.5644 of 2023 is closed. (T.R., ACJ.) (D.B.C., J.) 27.02.2023 Index : Yes/No : Yes/No tar To 1.The Commissioner, Hosur Corporation, Hosur.

2.The Deputy Director, Town and Country Planning, Hosur New Town Development Commission 25/2, Nethaji Road, Hosur 635 109

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 27.02.2023