Madras High CourtWP/4800/2018disposed of

R.Maruthachalam, v. The Commissioner,

2019-04-22Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.4800 of 2018 R.Maruthachalam .. Petitioner Vs 1 The Commissioner Coimbatore City Municipal Corporation Big Bazaar Street Coimbatore - 641 001.

2 The District Collector Collectorate Campus Coimbatore - 641 018.

3 The Assistant Commissioner Coimbatore - 641 018.

4 The Town Planning Officer City Municipal Corporation Big Bazaar Street Coimbatore- 641 001.

5 The Assistant Town Planning Officer Dr.Balasundaram Road, Coimbatore - 641 018.

6 The Assistant Executive Engineer TANGEDCO, Ganesh Nagar Ganapathy Coimbatore - 641 006.

7 The Assistant Executive Engineer (Planning)

Papanaickenpalayam Coimbatore - 641 037.

8 R.Rathinasamy .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 7 to take action against the 8th respondent for the unauthorized construction made on the western side in one half of the property in the land measuring 1.33 acres in S.F.No.350/1 bearing 49, Old No.16, New No.34, Vadakku Thottam, Ganapathy Village, Coimbatore Taluk and District on the basis of the writ petitioner's representation dated 30.12.2017.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.R.Sivakumar for respondents 1, 3, 4, 5 and 7 Mr.S.N.Parthasarathi Government Advocate for 2nd respondent Mr.S.K.Raameshuwar for 6th respondent Mr.R.Bharath Kumar for 8th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.R.Jayaprakash, learned counsel for the petitioner; Mr.R.Sivakumar, learned counsel for respondents 1, 3, 4, 5 and 7; Mr.S.N.Parthasarathi, learned Government Advocate for the second respondent; Mr.S.K.Raameshuwar, learned counsel for the sixth respondent and Mr.R.Bharath Kumar, learned counsel for the eighth respondent.

2. The case of the petitioner is that unauthorized construction has been put up by the eighth respondent on land in S.F.No.350/1 bearing 49, Old No.16, New No.34, Vadakku Thottam, Ganapathy Village, Coimbatore Taluk and District, hence he has prayed that action be taken against the eighth respondent.

3. The learned counsel for respondents 1, 3, 4, 5 and 7 has stated that unauthorized construction has been put up on the said land by the eighth respondent, hence they have issued notice to the eighth respondent invoking the provisions of the Coimbatore City Municipal Corporation Act, 1981.

4. Thus, it is seen that the authorities concerned are taking action in relation to the unauthorized construction put up by the eighth respondent.

In view of the above, no further orders are necessary and, accordingly, this petition is closed. No costs. Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar sasi To:

1 The Commissioner Coimbatore City Municipal Corporation Big Bazaar Street Coimbatore - 641 001.

2 The District Collector Collectorate Campus Coimbatore - 641 018.

3 The Assistant Commissioner Coimbatore - 641 018.

4 The Town Planning Officer City Municipal Corporation Big Bazaar Street Coimbatore- 641 001.

5 The Assistant Town Planning Officer Coimbatore - 641 018.

6 The Assistant Executive Engineer TANGEDCO, Ganesh Nagar Ganapathy Coimbatore - 641 006.

7 The Assistant Executive Engineer (Planning) Papanaickenpalayam Coimbatore - 641 037.

+1 cc to Government Pleader Sr.No. 48813 +1cc to Mr.R.Sivakumar , Advocate SR.No. 49076 +1cc to Mr.R.Jayaprakash , Advocate SR.No. 49066 W.P.No.4800 of 2018 pvs co A.SK(22/07/2019)