Madras High CourtWP/6392/2019disposed of

Paramasivam v. The District Collector

2024-07-31Honourable The Acting Chief Justice,Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2024

CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P.No.6392 of 2019 and W.M.P.No.7215 of 2019 Paramasivam ... Petitioner -vs1. The District Collector, Tiruvannamalai.

2. The Commissioner, Tiruvannaalai Municipality.

3. A.Ezhumalai

4. K.Baskar

5. V.Suresh ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 & 2 to initiate action as against the respondents 3 to 5 from proceeding with any construction at Ward No.4, Block No.35, T.S.No.1891/181, measuring about 3.42 Hectare, Cattle Sandhai, Tiruvannamalai Town.

For Petitioner :

Ms.P.Poornima For R1 :

Mr.Karthik Jegannath Govt. Advocate For R2 :

Mr.P.Srinivas For R3 to R5 :

Mr.S.Ganesh Kumar 1/4

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O R D E R

(By K.KUMARESH BABU,J.) This Writ Petition has been filed for a direction to the respondents 1 & 2 to initiate action as against the respondents 3 to 5 from proceeding with any construction at Ward No.4, Block No.35, T.S.No.1891/181, measuring about 3.42 Hectare, Cattle Sandhai, Tiruvannamalai Town.

2. When the matter is taken up for hearing, learned counsel for R2/Municipality, on the strength of the counter affidavit filed by R2, namely, Commissioner of Tiruvannamalai Municipality, would submit that action has already been initiated under the provisions of Section 128 of the Tamil Nadu Urban Local Bodies Act as against the impeding construction.

3. In view of the above submission, we are of the view that since action has already been initiated by the 2nd respondent as against the impeding construction, there shall be a direction to the 2nd respondent to proceed further with the action that has already been initiated and bring it to its logical conclusion, within a period of twelve weeks from the date of receipt of a copy of this order. 2/4

With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,ACJ.] [K.B.,J.] 31.07.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

1. The District Collector, Tiruvannamalai.

2. The Commissioner, Tiruvannaalai Municipality.

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HON'BLE ACTING CHIEF JUSTICE, AND K.KUMARESH BABU,J., ar 31.07.2024 4/4