M.Joseph Charles Sukumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.No.9088 of 2022 M.Joseph Charles Sukumar .. Petitioner Vs.

1. The Commissioner, Directorate of Town and Country Planning, Fourth Floor, No.807, Anna Salai, Chennai - 600 002.

2. The District Collector, Collectorate Complex, Chengalpattu District, Chengalpattu.

3. The Member Secretary, Mamallapuram Local Planning Authority, Five Rathas' Shopping Complex, Venpurusamsalai, Mamallapuram - 603 104.

4. The Superintendent Engineer, TANGEDCO, Chengalpattu District, Chengalpattu.

5. Sri Raama Builders, Rep. by P.Mariappan Ram Sarvesha, Plot No.87, Kandaswamy Nagar, Palavakkam, Chennai - 41.

6. The Block Development Officer, Thiruporur Panchayat Union, Chengalpattu District.

7. The President, Muttukadu Panchayat, OMR, Thiruporur, Chengalpattu District.

(R6 & R7 impleaded vide order dated 07.06.2022 made in WMP No.10153 of 2022 in W.P.No.9088/2022).

.. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the official respondents to consider the petitioner's representations and consequently to direct the respondents 1 to 3 to demolish the illegal construction carried out by the 5th respondent and also to direct the 4th respondent to disconnect the EB connection in the said unauthorized building and also to direct the 1st respondent to initiate disciplinary proceedings against the third respondent in the interest of justice. For Petitioner : Mr.Mutharasan for M/s.SS.Madhavan Law Associates For Respondents 1 to 3 : Mr.K.Karthik Jaganathan Government Advocate For Respondent 4 : No appearance For Respondent 6 : Mr.S.Balamurugan Government Advocate For Respondent 7 : Mrs.Saryamittrai Special Government Pleader

O R D E R

(Order of the Court was made by T.RAJA, J.) Mr.Joseph Charles Sukumar, has filed this petition under Article 226 of the Constitution of India, seeking a direction to the respondents 1 to 3 to demolish the illegal construction carried out by the 5th respondent and also to direct the 4th respondent to disconnect the EB connection in the said unauthorized building and also to direct the 1st respondent to initiate disciplinary proceedings against the third respondent.

2. When the matter was taken up, Mr.K.Karthik Jaganathan, learned Government Advocate appearing for the respondents 1 to 3 brought to our notice the letter dated 16.06.2022, addressed by the President of Muttukadu Panchayat, the seventh respondent herein, to M/s.Sri Rama Builders represented by Mr.P.Mariappan Ram Sarvesa, the fifth respondent herein, calling upon the 5th respondent herein to submit planning permit within a period of one week from the date of receipt of the said letter.

3. Since notice has been issued calling upon the 5th respondent to produce the planning permit within a weeks time, hoping that the 7th respondent will undertake further action in the manner known to law, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar kk To

1. The Commissioner, Directorate of Town and Country Planning, Fourth Floor, No.807, Anna Salai, Chennai - 600 002.

2. The District Collector, Collectorate Complex, Chengalpattu District, Chengalpattu.

3. The Member Secretary, Mamallapuram Local Planning Authority, Five Rathas' Shopping Complex, Venpurusamsalai, Mamallapuram - 603 104.

4. The Superintendent Engineer, TANGEDCO, Chengalpattu District, Chengalpattu.

5. The Block Development Officer, Thiruporur Panchayat Union, Chengalpattu District.

6. The President, Muttukadu Panchayat, OMR, Thiruporur, Chengalpattu District.

+1cc to M/s.SS.Madhavan Law Associates, Advocate SR.No.38083 +1cc to M/s.R.Vidhya, Advocate SR.No.38170 +1cc to Government Pleader SR.No.37629 W.P.No.9088 of 2022 SKM(CO) GMY(04/07/2022)