M.Vetri Selvan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30..01..2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE M.M.SUNDRESH W.P. No.2133 of 2015 M.Vetri Selvan ..Petitioner

Versus

1. State of Tamil Nadu represented by the Secretary to Government Department of Environment and Forests Secretariat, Chennai 600 009.

2.State of Tamil Nadu represented by the Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.

3.The District Collector Coimbatore District.

4.Hill Area Conservation Authority Coimbatore South Circle, 5.The Conservator of Forests Coimbatore Circle Trichy road, Coimbatore 641 018.

6.The District Forest Officer Coimbatore Division Trichy road, Coimbatore 641 018.

7.The Commissioner and Director of Town and Country Planning Chepauk, Chennai 600 005.

8.The Deputy Director of Town and Country Planning Coimbatore Region, 9.The Secretary, Isha Foundation 15, Govindasamy Naidu Layout, Singanallur, Coimbatore 641 005.

..Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, forbearing respondent No.9/Isha Foundation from celebrating a seven-day cultural extravaganza between 10.02.2015 and 16.02.2015, and Mahashivarathri on 17.02.2015 in the illegal buildings/structures constructed by respondent No.9 Isha Foundation against whom a locking, sealing and demolition notice dated 24.12.2012 was issued by respondent No.8 under Section 56 r/w Section 85 of the Town and Country Planning Act 1971 as amended by Act 61 of 2008.

For Petitioner :: Mr.Radhakrishnan For Respondents :: Mr.M.K.Subramaniam Special Government Pleader for RR.1,4,5 and 6 Mr.S.T.S.Moorthy Government Pleader for RR.2,3, 7 and 8

O R D E R

(Judgment of Court was made by The Honourable Chief Justice) The petitioner has already filed writ petitions which are pending consideration before this Court qua the issue of illegal construction. Even interim orders have been passed in the same qua any celebration to be made by the 9th respondent so as not to disturb the Forest Environment. During the pendency of the petitions, an another petition has been filed seeking writ of mandamus forbearing the 9th respondent from celebrating seven-day cultural extravaganza between 10.02.2015 and 16.02.2015 and Mahasivarathri on 17.02.2015, in the premise which is alleged to be the illegal building.

2. It is also the case of the petitioner that the stand of the respondents authorities is also against the private 9th respondent.

3. In our view, if the authorities have a view, nothing precludes them from taking action in accordance with law, unless there are interdicts from competent courts or proceedings pending. If those proceedings are pending, as it appears from the submissions of the learned counsel for the petitioner, then those proceedings must attain finality first. The present petition is really in the nature of interim measure which is pending consideration of the larger issue, and thus, we are not inclined to maintain the present petition as Public Interest Litigation.

4. The writ petition stands accordingly disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To

1. The Secretary, State of Tamil Nadu Department of Environment and Forests Secretariat, Chennai 600 009.

2.The Secretary, State of Tamil Nadu Housing and Urban Development Department Secretariat, Chennai 600 009.

3.The District Collector Coimbatore District.

4.Hill Area Conservation Authority Coimbatore South Circle, Coimbatore.

5.The Conservator of Forests Coimbatore Circle Trichy road, Coimbatore 641 018.

6.The District Forest Officer Coimbatore Division Trichy road, Coimbatore 641 018.

7.The Commissioner and Director of Town and Country Planning Chepauk, Chennai 600 005.

8.The Deputy Director of Town and Country Planning Coimbatore Region, 1 cc to Mr.M. Radhakrishnan, Advocate, Sr. 4907 1 cc to Government Pleader, sR. 4958 1 cc to Special Government pleader (Forest cases), sr. 4719 1 cc to M/s. Norton and grant, Advocate Sr. 5345 W.P. No.2133 of 2015 GJ (CO) kk 16/2