R.Saravana Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR R.Saravana Kumar ..
Petitioner v.
1. The District Collector Krishnagiri District Krishnagiri
2. The Director Directorate of Town and Country Planning 807, Chengalvarayan Building 4th Floor, Anna Salai Chennai 600 002
3. The Director Urban Planning Department District Collectorate Krishnagiri 635 001
4. The Deputy Director District Town and Country Planning District Collectorate Krishnagiri 635 001
5. The President Onnalvadi Panchayat Hosur, Krishnagiri 635 109
6. M/s Aswani Properties India Private Limited rep.by its Managing Director Mr.Anand Reddy No.M-602, 6th Floor Seven Hills Apartment Near Balaji Theatre, Balaji Nagar Tavarakere Bangalore 560 029
7. The Block Development Officer Hosur (R7 suo motu impleaded vide order dated 25.08.2023 in WP.9270/2021)
8. Felix Antony Xavier S/o Kuzhanthai Sami
9. K.Baskar 10.Krishnan S/o Namakaran 11.C.Satheesh Kumar 12.A.Narendra Babu 13.Reghunatha Shyama Sunder 14.P.Venkatesh 15.K.Arokiya Raj 16.Jyotiben Rameshchandra Patel W/o Rameshchandra Patel 17.S.Vijayalakshmi 18.C.Anand Reddy 19.Ganesh Shankar S/o Ganesh 20.R.Sanjay Kumar 21.V.Thiyagarajan
22.A.Chandrappa (R8 to R22 impleaded vide order dated 04.03.2024 in WMP.31442/23 in WP.9270/21) ..
Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate and immediate action to demolish the unauthorized/illegal construction made by the 6th respondent at Springdale Layout, Onnalvadi Post, Hosur 635 109 by considering the petitioner's representation dated 12.12.2020.
For Petitioner ::
Mr.R.Jayaprakash For Respondents ::
Mr.R.Vigneshwaran Government Advocate for R1 to R5 & R7 No appearance for R6 Mr.N.Manokaran for R12
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition appears to be one without collecting sufficient particulars about the exact violations or deviations by anyone of the respondents. Except stating that the sixth respondent-Promoter had put up several constructions and encroached 900 feet from the actual allotted land where there is permanent structure, this Court is unable to find any detail or
information about the nature of construction put up by the sixth respondent or any other respondent in violation of the building regulations. As a matter of fact, the petitioner has not even stated whether the violations were by the sixth respondent or by the newly impleaded respondents who have purchased villas from the sixth respondent. In the representation by the petitioner to the District Collector, the petitioner stated that planning permission was obtained by earmarking certain extent of land for 'personal use'. However, the sixth respondent has now put up constructions contrary to the layout plan approval. When the approval is obtained by showing a particular plot of land in a layout for 'personal use', it is open to the Promoter to develop the same as the Promoter wishes.
In the absence of any particulars about the deviations or violations by referring to any approved plan, the petitioner's writ petition in order to fish evidence by filing an affidavit without giving proper particulars, cannot be entertained. The petitioner has failed to give sufficient particulars about the nature of violations or the offending constructions either by the sixth respondent or by the persons who have purchased villas from the Promoter.
now pursuant to the direction of this Court. In such circumstances, even the private respondents are not in a position to file their counter affidavit, as they may not even know the nature of construction put up by them in the villas purchased by them. Therefore, the writ petition is dismissed. However, liberty is given to the petitioner to file fresh writ petition with specific violations either with reference to approved plan or with reference to building development regulations subject to locus standi. No order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 22.04.2024 ss To
1. The District Collector Krishnagiri District Krishnagiri
2. The Director Directorate of Town and Country Planning 807, Chengalvarayan Building 4th Floor, Anna Salai Chennai 600 002
3. The Director Urban Planning Department District Collectorate Krishnagiri 635 001
4. The Deputy Director District Town and Country Planning District Collectorate Krishnagiri 635 001
5. The President Onnalvadi Panchayat Hosur, Krishnagiri 635 109
6. The Block Development Officer Hosur
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 22.04.2024