K.Viswanathan, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2019
CORAM
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.20610 of 2018 K.Viswanathan .. Petitioner Vs.
1 The Commissioner Coimbatore East Zone Coimbatore Corporation Singanallur, Coimbatore District.
2 The Executive Engineer TANGEDCO Ondipudur, 21C, Vasantha Nagar Singanallur, Coimbatore.
3 The Town Planning Officer Coimbatore Corporation Town Hall Coimbatore-641 001.
4 The Assistant Commissioner Corporation East Zone Coimbatore Corporation Singanallur, Trichy Road Coimbatore District.
5 Kurumbar Kula Deivam Sri Mahalakshmi Thirukoil Samaya Samooga Nala Arkattalai, Rep. by its President P.Duraisamy No.7, Nethaji Street No.1 Sowripalayam, Coimbatore-641 028.
6 Shanmugam Trustee of Kurumbar Kula Deivam Sri Mahalakshmi Thirukoil Samaya Samooga Nala Arkattalai, Peelamedu Main Road, Sowripalayam Coimbatore - 641 028.
.. Respondents
PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 4 to take action to lock, seal and demolish the unauthorized construction in the land bearing T.S.No.29 of Sowripalayam, Coimbatore-28.
For Petitioner : Mr.C.R.Prasanan For Respondents : Mr.Sivakumar for respondents 1, 3 and 4 Mr.S.K.Rameshwar for 2nd respondent Mr.T.S.Vijayaraghavan for 6th respondent No appearance for 5th respondent
ORDER
(Order of the Court was made by M.Duraiswamy,J.) This writ petition has been filed by the petitioner seeking a writ of mandamus to direct respondents 1 to 4 to take action to lock, seal and demolish the unauthorized construction in the land bearing T.S.No.29 of Sowripalayam, Coimbatore-28.
2. It is the case of the petitioner that the sixth respondent had encroached the land in T.S.No.29 and put up the construction.
3. The first respondent, i.e., the Commissioner, Coimbatore Corporation, filed a counter affidavit, wherein, in paragraph (5), he has stated that an extent of 12 Sq.Mtrs. has been encroached by the petitioner. In support of this averment, the first respondent also produced the sketch in respect of T.S.No.29 prepared by the Town Sub Inspector of Survey, East Zone, Coimbatore Corporation, wherein an extent of 12 Sq.Mtrs. has been specifically mentioned as the land encroached by the petitioner. That apart, the first respondent has also stated that the sixth respondent has also encroached a portion of the land in T.S.No.29. From the counter filed by the first respondent, it is clear that the private respondents as well as the petitioner have encroached the land in T.S.No.29.
4. The learned counsel appearing for the first respondent/ Coimbatore Corporation submitted that they would initiate appropriate action against all encroachers in accordance with law.
5. In view of the submission made by the learned counsel for the first respondent to the effect that the Coimbatore Corporation would take appropriate action for the removal of encroachment in T.S.No.29, we do not find any further direction need be issued to the respondents. The writ petition is disposed of accordingly.
No costs.
Consequently, W.M.P.No.24224 of 2018 is closed.
sasi Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 The Commissioner Coimbatore East Zone Coimbatore Corporation Singanallur, Coimbatore District.
2 The Executive Engineer TANGEDCO Ondipudur, 21C, Vasantha Nagar Singanallur, Coimbatore.
3 The Town Planning Officer Coimbatore Corporation Town Hall Coimbatore-641 001.
4 The Assistant Commissioner Corporation East Zone Coimbatore Corporation Singanallur, Trichy Road Coimbatore District.
+1cc to Mr. R.Sivakumar,Advocate, S.R.No.15390 +1cc to Mr.T.S.Vijaya Raghavan, Advocate, S.R.No.15386 +1cc to Mr.C.R.Prasanan, Advocate, S.R.No.15847 W.P.No.20610 of 2018 Kak(18/03/2019)