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Madras High CourtWP/23842/2024disposed of

S.Ganapathi v. The District Collector

2025-03-06Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Rajasekar7 pages

2025:MHC:746

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. S.Ganapathi Petitioner(s) Vs

1. The District Collector Thiruvallur District, Thiruvallur-602 001.

2.The Deputy Director District Town And Country Planning Office, 43/397A, Anna Indira Gandhi Salai, Rajajipuram Part-II, Tiruvallur-602 001 3.The Tahsildar, Thiruvallur Taluk, Thiruvallur-602 001 4.The Block Development Officer (village Panchayat) Ellapuram Panchayat Union, Ellapuram 601 102,

Thiruvallur District.

5.The President / Executive Authority, Vengal Village Panchayat, Vengal 601 103, Thiruvallur Taluk and District.

6.N.D.R. Ware Housing Private Limited Rep. By Its Managing Director, 54, B Lock 103 Sreekaram Apartments, Pallavan Nagar, Maduravoyal, Chennai-600 095.

7.M/s.Reliance Projects And Property Management Services Ltd.

89, A1 Towers, Dr.Radhakrishnan Salai, Mylapore Chennai-600 004.

Respondent(s) PRAYER Directing the respondents 1 to 5 to take appropriate action on the illegal / unauthorized structure constructed by the 6th respondent herein in the lands comprised in Survey Nos.74/2B, 74/3B, 74/7B, 70/1S, 70/1T, 74/10A1B, 74/10A1C, 70/1P2, 70/1Q2, 70/1R2, 74/9B, 74/10B of Vengal "A" Village, Ellapuram Block, Tiruvallur Taluk and District in accordance with the provisions of the Tamil Nadu Town and Country Planning Act and the Rules made thereunder and the Tamil Nadu Panchayat Building Rules. For Petitioner(s):

Mr.S.Thirumavalavan

For Respondent(s):

Mr.P.Muthukumar AAG Assisted by Mr.S.John J.Raja Singh AGP For R1 & R2.

And Mr.C.Selvaraj AGP For R3 to R5 M/s. K. Alakendran, For R6 M/s.N.R.Anantha Rama Krishnan For R7

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ petition has been instituted to direct the respondents 1 to 5 to take appropriate action against the illegal/unauthorized structure constructed by the 6 th respondent in the lands comprised in Survey Nos.74/2B, 74/3B, 74/7B, 70/1S, 70/1T, 74/10A1B, 74/10A1C, 70/1P2, 70/1Q2, 70/1R2, 74/9B, 74/10B of Vengal "A" Village, Ellapuram Block, Tiruvallur Taluk and District.

2. The learned Additional Advocate General appearing on behalf of the respondents 1 to 4 would submit that based on the inspection conducted, a notice was issued to discontinue the ongoing unauthorised construction on 08.10.2024.

3. The learned counsel for the respondents 6 and 7 submitted that the respondents would submit their documents in response to the notice issued by the Assistant Director, District Town and Country Planning, Tiruvallur District.

4. It is needless to state that the procedures as contemplated under the Town and Country Planning Act and Rules framed thereunder are to be followed by the authorities, while continuing the action against the unauthorised construction or deviation, if any identified.

5. Since notice has already been issued to the private respondents, the respondents 1 to 4 are directed to continue all further process by following the due procedures. In the event of identifying any unauthorised constructions/deviations, they must be demolished. The said exercise is directed to be completed as expeditiously as possible, preferably within a period of three

(3) months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition stands disposed of. No costs.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 06-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Thiruvallur District, Thiruvallur-602 001.

2.The Deputy Director District Town And Coutnry Plannign Office, 43/397a, Anna Indira Gandhi Salai, Rajajipuram Part-ii, Tiruvallur602 001 3.The Tahsildar, Thiruvallur Taluk, Thiruvallur-602 001 4.The Block Development Officer (village Panchayat) Ellapuram Panchayat Union, Ellapuram 601 102, Thiruvallur District.

5.The President / Executive Authority, Vengal Vilalge Panchayat Vengal 601 103, Thiruvallur Taluk And District.

6.N.D.R. Ware Housign Private Limited Rep. By Its Managing Director, 54, B Lock 103 Sreekaram Apartments, Pallavan Nagar Maduravoyal, Chennai-600 095.

7.M/s.Reliance Project S And Proeprty Management Services Ltd 89 A1 Towers, Dr.Radhakrishnan Salai, Mylapore Chennai-600 004.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 06-03-2025