S.P.Gopinath v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.P.Gopinath ..

Petitioner Vs.

1. The Secretary Department of Town and Country Planning Secretariat, Chennai.

2. The District Collector Cuddalore District.

3. The Municipal Commissioner Cuddalore Municipality Cuddalore.

4. Ramesh ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the third respondent to take appropriate action against the illegal construction at Old PR Hospital, Near Woodlands Hotel, Bharthi Road, Cuddalore based on the representation dated 20.02.2020.

For the Petitioner : Mr.S.C.Vishwanth For the Respondents : Mr.A.Edwin Prabhakar State Government Pleader for Respondents 1 & 2 Mr.P.Srinivas for Respondent-3 Mr.R.C.Varsha For Mr.V.Ilanchezian for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.C.Vishwanth, learned counsel for the petitioner, Mr.Edwin Prabhakar, learned State Government Pleader for the respondents 1 and 2, Mr.P.Srinivas, learned counsel for the third respondent and Mr.R.C.Varsha, learned counsel for Mr.V.Ilanchezhian, learned counsel for the fourth respondent.

2. The third respondent has filed an affidavit stating that the construction made by the fourth respondent is with the approval of the planning permission authority. After completion, the building will be inspected and if the same is as per the sanctioned plan, then, the

completion certificate will be issued.

3. It is submitted that as the construction was in compliance with the construction permission, the completion certificate has already been issued to the fourth respondent.

4. In view of the above, the writ petition stands dismissed. There shall be no order as to costs. Consequently, W.M.P.No.8454 of 2020 is also dismissed.

(S.V.G., CJ.) (D.B.C., J.) 06.02.2024 Index :

Yes/No :

Yes/No kpl To

1. The Secretary, Department of Town and Country Planning Secretariat, Chennai.

2. The District Collector, Cuddalore District.

3. The Municipal Commissioner Cuddalore Municipality, Cuddalore.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 06.02.2024