P.Selvarajan, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Selvarajan ..
Petitioner Vs.
1. The Commissioner Directorate of Town and Country Planning Chengalvarayan Building 4th Floor, 807, Anna Salai Chennai - 600 002.
2. The Deputy Directorate Directorate of Town and Country Planning Salem Region, 6, Sannathi Street Subramaniaya Nager, Suramangalam Salem - 636 005.
3. The Commissioner Attur Municipality Municipality Office Attur - 636 102, Salem District.
4. L.Senthil
5. The Area Engineer/Executive Engineer (Operation and Maintenance) TANGEDCO, Attur Town Salem District.
[R5 impleaded vide order dated 26.03.2018 in W.P.No.6947 of 2018] ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the second and third respondents herein to comply the order dated 07.03.2017 made in K.No.100/2010/F1 passed by third respondent herein and to take action for demolition of the huge unauthorized construction of the fourth respondent premises which is situated in D.No.727/315, 729/316, 75/53, 76/53A, 77/53B, 78/53C, 81/52, 80/52A, 79/52B in T.S.No.14, Block - 26, Ward No.D, Sivaji Street & Salem to Cuddalore Main Road, Attur Municipality and Town, Salem District based on the petitioner representation dated 13.02.2017.
For the Petitioner : Mr.K.Rajasekaran For the Respondents : Mr.KArtick Jegannath Government Advocate for R1 & R2 Mr.B.Anand for R3 Mr.K.Mohana Murali for R4 Mr.I.Syed Sibqhatullah for R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.K.Rajasekaran, learned counsel for the petitioner; Mr.KArtick Jegannath, learned Government Advocate for respondents 1 & 2; Mr.B.Anand, learned counsel for respondent 3; Mr.K.Mohana Murali, learned counsel for respondent 4 and Mr.I.Syed Sibqhatullah, learned counsel for respondent 5.
2. Learned counsel for the petitioner submits that the fourth respondent has carried out an unauthorised construction.
3. According to learned counsel for the fourth respondent, the construction was carried out only after obtaining the construction permit. However, the planning authority alleged some deviation, for which, an application for exemption has been filed and the said exemption application is pending.
4. Learned Government Advocate submits that the application for exemption would be decided within a period of eight weeks.
5. In view of that, the respondents may decide the application pending before it, in accordance with law, within a period of eight weeks from today (i.e., 23.08.2023). Depending upon the decision taken in the application for exemption, further steps shall be taken by the parties.
6. In light of the above, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.10651 & 8602 of 2018 are closed.
(S.V.G., CJ.) (P.D.A., J.) 23.08.2023 Index :
Yes/No :
Yes/No drm
To
1. The Commissioner Directorate of Town and Country Planning Chengalvarayan Building 4th Floor, 807, Anna Salai Chennai - 600 002.
2. The Deputy Directorate Directorate of Town and Country Planning Salem Region, 6, Sannathi Street Subramaniaya Nager, Suramangalam Salem - 636 005.
3. The Commissioner Attur Municipality Municipality Office Attur - 636 102, Salem District.
4. The Area Engineer/Executive Engineer (Operation and Maintenance) TANGEDCO, Attur Town Salem District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) 23.08.2023