M.Kesavan v. The District Collector
W.P.No.2071 of 2018 D.KRISHNAKUMAR, J and P.DHANABAL, J (The Order of the Court is made by D.Krishnakumar, J) The Writ Petition is listed under the caption "for reporting compliance".
2. Compliance report dated 19.04.2023 has been filed by the third respondent-Erode City Municipal Corporation, from which it is clear that there is unauthorised construction in the subject property. According to them, action will have to be taken.
3. Further, according to the above said compliance report, action is being taken as against the respondents 8 and 9 and on 03.04.2023, the entire building in question was locked and sealed.
4. It is clear on hearing the learned counsel on both sides that the 1 / 4
entire building has been constructed by the ninth respondent by investing huge money and the third respondent-Erode Corporation has not taken any action even at the stage of construction, inspite of they being aware of the construction carried out in the property in question, though initially action has also been taken by them in that regard even as early as on 16.02.2017 and 14.12.2017 by issuing notices.
5. Further, the ninth respondent being a spinning mill, is having electricity connection also and property tax is also being paid.
6. Not only that, it is brought to the notice of this Court that, near-by, houses are being constructed unauthorisedly. That being so, in the light of the above said compliance report and the submissions made on either side, the Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009, is directed to conduct enquiry and take further necessary action as against the concerned officials of the third respondent-Erode Corporation, including the concerned persons of the Panchayat, if at all there is any violation in the construction of the property 2 / 4
in question.
7. Registry is directed to issue this order copy to the Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009, for taking further necessary course of action.
8. The compliance of the order dated 08.03.2023 passed by this Court in this Writ Petition, is hereby recorded in the above terms. (D.K.K., J) (P.D.B.,J) 12.06.2023 cs 3 / 4
D.KRISHNAKUMAR, J and P.DHANABAL, J cs W.P.No.2071 of 2018 12.06.2023 4 / 4