Santhiyagu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.24452 of 2021 and W.M.P.No.25774 of 2021 Santhiyagu ... Petitioner -vs1. The District Collector Chennai District Singaravelar Maligai, Rajaji Salai Chennai - 600 001.
2. The Commissioner The Greater Chennai Corporation Rippon Building Chennai - 600 002.
3. The Assistant Commissioner Zone-IV, Greater Chennai Corporation Tondiarpet Chennai - 600 081.
4. Edward Raj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the un-authorised construction made by the 4th respondent in the northern side of our house property bearing No.254, present No.342, 6th Street, Sasthri Nagar, Vyasarpadi, Chennai - 600 039, admeasuring 850 sq.ft., which was allocated to our father A.Vethamuthu under the Burmian repatriates scheme and restore the amenities such as water and sewerage connections to our house.
For petitioner : Mr.C.K.M.Appaji For respondents : Mr.L.S.M.Hasan Fizal, AGP for R1 Mr.K.Raja Srinivas Sr.Standing Counsel for R2 & R3
ORDER
(Order of the Court was made by K.KALYANASUNDARAM, J.,) Heard Mr.C.K.M.Appaji, learned counsel for the petitioner; Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for 1st respondent and Mr.K.Raja Srinivas, learned Sr.Standing Counsel appearing for the respondents 2 and 3. 2.The petitioner has come up with this writ petition for issuance of writ of mandamus, directing the respondents 1 to 3, to consider the representation dated 31.05.2021. 3.The case of the petitioner is that the 4th respondent, who is his neighbour, is putting up un-authorised construction and also encroached the land of the petitioner.
4.Mr.K.Raja Srinivas, learned Senior Standing Counsel appearing for the respondents 2 and 3 would state that on the basis of the petitioner's representation, notice under Section 56 & 57 of the Town and Country Planning Act, 1971, has been issued to the 4th respondent vide Notice No.Z.O.IV/U09/Dn.36/59/2021 dated 07.07.2021 for production of approved plan. He would further submit that based on the response, the respondents will take appropriate action.
5.The statement of the learned Senior Standing Counsel is recorded and the writ petition is closed. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Jer To
1. The District Collector Chennai District Singaravelar Maligai, Rajaji Salai Chennai - 600 001.
2. The Commissioner The Greater Chennai Corporation Rippon Building Chennai - 600 002.
3. The Assistant Commissioner Zone-IV, Greater Chennai Corporation Tondiarpet Chennai - 600 081.
+1cc to Mr.C.K.M.Appaji, Advocate, S.R.No.59721 W.P.No.24452 of and W.M.P.No.25774 of 2021 KG(CO) SU(01/12/2021)