R.Vijayamohan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA R.Vijayamohan ... Petitioner Vs.

1.The Secretary to Government Housing and Urban Development Department Government of Tamilnadu Secretariat Chennai - 600 005.

2.The Corporation Commissioner Coimbatore Municipal Corporation Town Hall Coimbatore - 641 001.

3.A.K.Steel 4.J.K.Steel 5.Lalitha (R5 impleaded vide order of this Court dated 10.08.2023 in W.M.P.No.23292/2023)

...Respondents

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to initiate action under Tamil Nadu Town and Country Planning Act, 1971 and the Coimbatore City Municipal Corporation Act, 1981, by locking Page 1/5

and sealing the unauthorised commercial structures and constructions built without obtaining necessary plan approval and permission under the relevant statues at SF No.1296/14, Door No.405, Bharathiar Road, New Siddhapur, Coimbatore 641 044, Central Zone, Ward No.52 and consequently demolish, restore and restrain any such structures or construction.

For Petitioner : Mr.Dhanaram Ramachandran For Respondents : Mr.E.Vijay Anand, AGP for R1 Mr.N.Umapathi, SC for R2 Mr.P.Tamilavel for R5 For RR3 & 4 -No appearance

O R D E R

The above Writ Petition has been filed for a direction to the respondents 1 and 2 to initiate action under Tamil Nadu Town and Country Planning Act, 1971 and the Coimbatore City Municipal Corporation Act, 1981, by locking and sealing the unauthorised commercial structures and constructions built, without obtaining necessary plan approval and permission under the relevant statues at SF No.1296/14, Door No.405, Bharathiar Road, New Siddhapur, Coimbatore 641 044, Central Zone, Ward No.52 and consequently demolish, restore and restrain any such structures or construction. Page 2/5

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the 5th respondent would state that the 5th respondent has purchased the subject property and she is going to construct a new building by demolishing the existing superstructure. The learned counsel would further submit that construction of new building will commence only when they receive the planning permission from the authorities concerned.

3.Heard the learned counsel on either side and perused the materials available on record.

4.Admittedly, the 5th respondent is the subsequent purchaser of the subject property and she is willing to demolish the existing superstructure. In order to show her bonafide, she also paid the demolition charges. Therefore, recording the submissions made by the learned counsel appearing for the 5th respondent, this Writ Petition stands closed. No costs.

(J.N.B., J.,) (N.M., J.,) Index : Yes / No 10.08.2023 Internet : Yes / No Speaking order/Non-speaking order Page 3/5

Jer To 1.The Secretary to Government Housing and Urban Development Department Government of Tamilnadu Secretariat Chennai - 600 005.

2.The Corporation Commissioner Coimbatore Municipal Corporation Town Hall Coimbatore - 641 001.

Page 4/5

J. NISHA BANU, J., and N.MALA, J., Jer 10.08.2023 Page 5/5