Tmt.B.Geetha, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2016

CORAM:

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Mr. JUSTICE V. BHARATHIDASAN W.P. No.15566 of 2016 and W.M.P. Nos.13533 and 13534 of 2016 B. Geetha .... Petitioner vs.

The Commissioner Corporation of Coimbatore Coimbatore 641 001 The Assistant Commissioner (West Zone), Corporation of Coimbatore Coimbatore 641 001 The Member Secretary (i/c) Coimbatore Local Planning Authority Coimbatore K. Dinesh .... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records relating to the proceedings of the second respondent made in Na.Ka.No.950/16/H.1 (May) dated 17.03.2016 and third respondent's proceedings made in Na.Ka.No.1390/2016/Oo.Thi.Ku-1 dated 05.04.2016, to quash the same and to consequently, direct the respondents 1 to 3 to forthwith bring the fourth respondent building/construction at Door No.9, Jayakrishna Layout, Vadavalli Village, Coimbatore, well within the approved planning permission.

For petitioner Mr. L. Chandrakumar For RR 1 & 2 Mr. S. Saravanan, Standing Counsel For R3 Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) Mr. S. Saravanan, learned Standing Counsel, accepts notice for respondents 1 and 2. Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the third respondent. Notice to the third respondent is dispensed with at this stage, inasmuch as no order prejudicial to his interest, is passed in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned counsel for the official respondents, the writ petition is taken up for final disposal, at the admission stage itself. This writ petition impugns the communication dated 17 March 2016 addressed to the petitioner by the second respondent, whereby and whereunder, the petitioner has been informed that the fourth respondent has left set back of 5 ft.

on the western side of the petitioner's compound wall and as such, it does not appear that any damage has been caused to the petitioner's compound wall, as alleged by her and also the communication dated 05 April 2016 addressed by the third respondent to the petitioner, whereunder, the petitioner has been informed that the first respondent has been informed to take appropriate steps against the alleged violation made by the fourth respondent and that further steps would be taken after receipt of feedback from the first respondent.

The petitioner is stated to be the owner of the property in question. According to the petitioner, the fourth respondent is the owner of the property adjacent to her house. In total deviation of construction rules and without leaving side set back and also by encroaching the petitioner's land, the fourth respondent is constructing a residential complex. Hence, the petitioner, by her representations dated 10 February 2016 and 12 March 2016, brought to the notice of the authorities, the alleged violation made by the fourth respondent. On examination of the petitioner's representations, the second respondent and the third respondent, vide the impugned communications, have informed the petitioner, as aforestated.

Thus, when the third respondent, viz., Coimbatore Local Planning Authority, is in seizin of the violation allegedly made by the fourth respondent, we are not inclined to interfere with the impugned communications, at this stage. However, to meet the ends of justice, the third respondent is directed to consider the dispute and take an appropriate decision in accordance with law, as expeditiously as possible.

The writ petition stands disposed of with the above observation and direction. Costs made easy. Connected W.M.Ps. are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Commissioner, Corporation of Coimbatore, Coimbatore 641 001.

The Assistant Commissioner, (West Zone), Corporation of Coimbatore, Coimbatore 641 001.

The Member Secretary (i/c), Coimbatore Local Planning Authority, Coimbatore.

+1cc to Mr.S.Saravanan, Advocate sr.26617 +1cc to Mr.L.Chandrakumar, Advocate sr.26023 W.P. No.15566 of 2016 svi(CO) srg(18/05/2016)