S.Suresh Manohar v. The Zonal Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No.20004 of 2024 S.Suresh Manohar
...Petitioner
Vs 1.
The Zonal Officer Zone-I, Vellore City Municipal Corporation Tharapadavedu Katpadi - 632 007.
2.
The Commissioner Vellore City Municipal Corporation Vellore - 632 001.
3.
K.T.Sree Lakshmi W/o.Thulasiraman 4.
K.N.Thulasiraman 5.
The Tahsildar, Katpadi Vellore District.
...Respondents
* R5 suo-motu impleaded vide order dated 06.02.2024 in W.P.No.12333 of 2022.
Writ Petition filed under Article 226 of the Constitution of India to Page Nos.1/6
issue a Writ of Mandamus, directing the 1st and 2nd respondents to take appropriate and necessary action in accordance with law against unauthorized construction mentioned herein above based on the petitioner's representations dated 08.12.2021 and 29.12.2021 to the 1st and 2nd respondents respectively within a time frame. For Petitioner :
Mr.V.Ajay Khose For Respondents :
Mr.P.S.Prabhu Standing Counsel, for R1 and R2 Ms.K.Safra Banu representing Mr.K.Pattabhi for R3 and R4 Mr.T.K.Saravanan Additional Government Pleader for R5
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned matter is listed under the cause list caption 'FOR DISMISSAL'.
2. Mr.V.Ajay Khose, learned counsel on record for writ petitioner, who is before us in the physical Court expresses regret for missing the matter in the previous listing. However, learned counsel submits that he is ready to advance submissions today.
3. As regards respondents, Mr.P.S.Prabhu, learned standing counsel Page Nos.2/6
for R1, R2 is before us in the physical Court, Ms.K.Safra Banu, learned counsel representing counsel on record for R3, R4 is before us on 'Videoconferencing' {'VC'} platform and Mr.T.K.Saravanan, learned Additional Government Pleader for R5 is before us in the physical Court. To be noted, this is a hybrid hearing, which is a daily / regular / routine feature in this court.
4. We heard all the aforementioned counsel.
5. Captioned matter turns on a short point. The case of the writ petitioner is that R3 and R4 have (a) put up construction in violation of norms and (b) encroached upon public land. To be noted, it is submitted that the issues pertain to Plot No.2 in S.F.No.317/7 in Vellore Corporation.
6. Learned Standing Counsel for Vellore Corporation (R1 and R2), adverting to counter affidavit which is also before us submits that as regards construction in violation of norms, notice dated 29.09.2023 has been issued to R3 regarding deviation from building plan followed by proceedings under Page Nos.3/6
'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity). Let this proceedings be carried to its logical end on its own merits and in accordance with law as expeditiously as the business of R1 and R2 permit but in any event within eight weeks from today i.e., on or before 13.05.2025.
7. As regards encroachment in public land, Mr.T.K.Saravanan, learned State Counsel for R5 submits that a survey has been conducted, there is an encroachment and necessary notice will be issued to the Vellore City Municipal Corporation and they in turn will take action under TNULB Act, as the land vests in Vellore City Municipal Corporation. Let this exercise commence within a fortnight i.e., on or before 01.04.2025 and let it be concluded as expeditiously as the business of official respondents would permit.
8. We make it clear that we have not expressed any view or opinion on the allegations of deviation or encroachment. All questions are left open. All rights and contentions of all parties are preserved and matters will be decided on their own merits and in accordance with law. Page Nos.4/6
Captioned WP is disposed of in the aforesaid manner. Consequently, captioned writ miscellaneous petition is disposed of as closed. There shall be no order as to costs.
[M.S.,J.] [K.G.T.,J.] 18.03.2025 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The Zonal Officer Zone-I, Vellore City Municipal Corporation Tharapadavedu Katpadi - 632 007.
2.
The Commissioner Vellore City Municipal Corporation Vellore - 632 001.
3.
The Tahsildar, Katpadi Vellore District.
Page Nos.5/6
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 18.03.2025 Page Nos.6/6