M.Muthugopalakrishnan, v. The Assistant Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.04.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.16872 of 2016 M.Muthugopalakrishnan
...Petitioner
Vs.
1. The Assistant Director, Office of the Director of Town and Country Planning, 807, Annasalai, Chennai - 600 002.
2. The District Collector, Coimbatore- 641 018.
3. The Assistant Director, Office of the Assistant Director of Town and Country Planning Corporation Building, Sivanandha Colony, Coimbatore.
4. The Director, Office of the Assistant Director of Town Panchayat Coimbatore - 641 018.
The Executive Officer, Aanaimalai Town Panchayat, Aanaimalai, Pollachi Taluk, Coimbatore District.
6. Shana
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 01.04.2016.
For Petitioner : Mr.N.Ponraj For Respondents 1 to 4 : Mr.R.Rajeswaran Special Government Pleader For Respondent-5 : Mr.Era Premnath
O R D E R
Heard Mr.N.Ponraj, learned counsel appearing for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader, accepting notice for respondents 1 to 4 and Mr.Era Premnath, learned counsel, accepting notice for fifth respondent. With the consent of parties, the main Writ Petition is taken up for final disposal, at the stage of admission.
2.The petitioner has filed this Writ Petition praying for issuance of a writ of mandamus to direct the respondents 1 to 5 to consider his representation, dated 01.04.2016. 3.The petitioner alleges that, his neighbour/sixth respondent is attempting to put up a construction without obtaining any planning permission. In this regard, the petitioner submitted a representation to respondents 1 to5 on 01.04.2016. Since there is no action, the petitioner has rushed to this Court. 4.Since the Writ Petition is disposed of at the admission stage, without notice to sixth respondent, the merits of the allegations made against the sixth respondent in the representation made by the petitioner are not gone into, and left open to be considered by the fifth respondent after notice to the sixth respondent.
It is made clear that there is no positive direction issued to the fifth respondent. 5.In the light of the above, the Writ Petition is disposed of by directing the fifth respondent to issue notice to the sixth respondent, and after hearing the parties in full, pass a reasoned order on the petitioner's representation, dated 01.04.2016, within a period of three weeks from the date of receipt of a copy of this order. No costs.
sd s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Assistant Director, Office of the Director of Town and Country Planning, 807, Annasalai, Chennai - 600 002.
2. The District Collector, Coimbatore- 641 018.
3. The Assistant Director, Office of the Assistant Director of Town and Country Planning Corporation Building, Sivanandha Colony,Coimbatore.
4. The Director, Office of the Assistant Director of Town Panchayat Coimbatore - 641 018.
The Executive Officer, Aanaimalai Town Panchayat, Aanaimalai, Pollachi Taluk, Coimbatore District.
+ 1 cc to Mr.N.Ponraj, Advocate, SR 27504 + 1 cc to Govt.Pleader, High Court, Madras SR 27963 ad(co) prk1/6 Writ Petition No.16872 of 2016