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Madras High CourtWP/2534/2017disposed of

C.T.Praveen Kumar v. The Sub Collector

2017-02-02Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.2534 of 2017 and W.M.P.No.2495 of 2017 C.T.Praveen Kumar .. Petitioner -vs1.The Sub Collector, Ponneri Taluk, 2.The Assistant Director, Office of Town & Country Planning, Town & Country Planning, Thiruvallur Zone, 3.The Executive Officer, Ponneri Town Panchayat, .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari, to call for the records pertaining to the impugned proceedings of the third respondent dated 03.01.2017 bearing Na.Ka.No.244/2016/2 and proceedings dated 05.01.2017 bearing Na.Ka.No.21/2017/Thi.Va.Ma.2 issued by the second respondent and quash the same.

For Petitioner :

Mr.A.Prabhakaran For Respondents :

Mr.M.K.Subramanian Government Pleader * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it appears that the petitioner does have a planning permission. But the real allegation is of violation of the planning permission. To that extent, the notice dated 05.01.2017 may not be correctly reflecting the factual situation.

2. It is thus agreed that respondent Nos.2 and 3 will cause an inspection to be made at site within fifteen days from today and the petitioner will be informed of the violations, if any. The petitioner will ensure that the violations are removed and only thereafter, he will carry out any further construction. If the petitioner fails to comply with the same, the respondent Nos.2 and 3 would be within their rights to proceed to take action in accordance with law against the unauthorised construction.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.2495 of 2017 is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar bbr To 1.The Sub Collector, Ponneri Taluk, 2.The Assistant Director, Office of Town & Country Planning, Town & Country Planning, Thiruvallur Zone,

3.The Executive Officer, Ponneri Town Panchayat, +1 cc to M/s.A.Prabhakaran Advocate sr 6615 W.P.No.2534 of 2017 ug(co) aa07/02/2017