J.Elumalai v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD J.Elumalai .. Petitioner Vs 1.The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor C&E Market Road, Koyambedu, Chennai-600 107.

2.The Collector, Chengalpattu District, Office of the Chengalpattu District Collectorate, Chengalpattu.

3.The Block Development Officer, Kattankalathur Panchayath Union, Office of the Kattankalathur Panchayath Union, Chengalpattu District.

4.The President, Nallambakkam Village Panchayath, Nallambakkam, Chengalpattu District.

5.Thilshath Begum 8.A.Sargunam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to take an appropriate action against the construction put up by the 5th and 6th respondents on the southern side of all that piece and parcel of the property situated at Nallambakkam Village, Vandalur Taluk, Chengalpattu District comprised in Survey No.17/3A measuring to an extent of 11.68 cents out of 87.68 cents and to demolish the same. For the Petitioner : Mr.G.Arun For the Respondents : Mr.a.Edwin Prabakar State Government Pleader for respondents 1 and 2 : Mr.A.Anandan Government Advocate for respondents 3 and 4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.G.Arun, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 and 2 and Mr.A.Anandan, learned Government Advocate for respondents 3 and 4.

2. We are not inclined to entertain the present petition as public interest litigation.

3. The petitioner has given a representation to the District Collector on 28.9.2023. If it is within the competence of the District Collector to decide the representation, then the District Collector may decide the same on its own merits and in accordance with law, after observing the principles of natural justice, preferably within nine months.

4. With these observations, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.10478 of 2024 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index :

Yes/No :

Yes/No bbr

To 1.The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor C&E Market Road, Koyambedu, Chennai-600 107.

2.The Collector, Chengalpattu District, Office of the Chengalpattu District Collectorate, Chengalpattu.

3.The Block Development Officer, Kattankalathur Panchayath Union, Office of the Kattankalathur Panchayath Union, Chengalpattu District.

4.The President, Nallambakkam Village Panchayath, Nallambakkam, Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

bbr 08.04.2024