E.Loganathan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.2138 of 2017 and W.M.P.No.2106 of 2017 E.Loganathan Rep.by Power Agent L.Saran ... Petitioner -Vs1. The Commissioner, Madurantakam Municipality, Madurantakam, Kancheepuram District.

2. The Deputy Director of Town and Country Planning, No.131, G.S.T.Road, Chengalpattu.

3. S.D.Ashok Kumar ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to issue of the impugned order in Na.Ka.No.838/15/F1 dated 19.01.2017 on the file of the first respondent and quash the same as arbitrary, illegal, invalid and non-est in the eyes of law and consequently direct the respondents 1 and 2 to receive and consider the application submitted by the petitioner for regularization of the construction.

For Petitioner :

Mr.R.Thiagarajan For Respondents :

Mr.P.Srinivas for R1 Mr.M.K.Subramaniam, Government Pleader for R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We have given enough indulgence to the petitioner to remedy the position arising from the unauthorised constructions, but to no avail. Multiple proceedings have arisen and today also the request is the same - they will remedy the position themselves.

2. We are of the view that no interference is called for by us under Article 226 of the Constitution of India and if the petitioner wants to move the authorities,it is for him to do so. 3.Writ petition is dismissed. No costs. Consequently, W.M.P.No.2106 of 2017 is also dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To

1. The Commissioner, Madurantakam Municipality, Madurantakam, Kancheepuram District.

2. The Deputy Director of Town and Country Planning, No.131, G.S.T.Road, Chengalpattu.

+2cc's to Mr.R.Thiagarajan, Advocate, S.R.No.5620 +1cc to Mr.P.Srinivas, Advocate, S.R.No.5776 +1cc to the Government Pleader, S.R.No.5645 W.P.No.2138 of 2017 PVS(CO) CA(20/02/2017) https://hcservices.ecourts.gov.in/hcservices/