K. Panachanthan v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.1355 of 2018 K. Panachanathan .. Petitioner Vs 1 The Collector Vellore District 2 The Deputy Director of Town & Country Planning Department Vellore Region, Vellore.
3 The District Environmental Engineer Tamil Nadu pollution Control Board 392, RDR Complex, CL Road Vaniyambadi Vellore District.
4 The Jeyam Metals Industries Rep. by is Proprietor, D Jamuna W/o. Deenadayalan Plot No.110/3B1, Ramalai post Gudiyatham Taluk, Vellore District.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the second respondent to take suitable action against the fourth respondent forthwith in terms of his show cause notice dated 30.05.2014 issued in Na.Ka.No.625/11/Ve Ma.
For Petitioner : Mr.P.Thirumoorthy For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 1 and 2 Mr.Abdul Saleem for 3rd respondent Mr.K.Rahavan for 4th respondent
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.P.Thirumoorthy, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for respondents 1 and 2; Mr.Abdul Saleem, learned counsel for the third respondent and Mr.K.Rahavan, learned counsel for the fourth respondent.
2. The petitioner is seeking direction to the second respondent to take suitable action against the fourth respondent in terms of the show cause notice dated 30.05.2014 issued in Na.Ka.No.625/11/Ve Ma.
3. The learned Government Pleader (i/c.) has tendered an affidavit of the second respondent, wherein it is stated that notice under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 was issued to the fourth respondent on 30.5.2014, however, the fourth respondent has filed an appeal in relation to the notice dated 30.5.2014. It is stated that hearings have also taken place in the said appeal, however, the appeal is still pending.
4. It may be noted that the Tamil Nadu Pollution Control Board has also taken action for disconnection of the service connection to the fourth respondent.
5. Thus, it is seen that the authorities have taken action in relation to the structure put up by the fourth respondent.
In view of the above, no further orders are necessary at this stage. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.1726 of 2018 is closed. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar sasi To:
1 The Collector, Vellore District 2 The Deputy Director of Town & Country Planning Department Vellore Region, Vellore.
3 The District Environmental Engineer Tamil Nadu pollution Control Board 392, RDR Complex, CL Road Vaniyambadi Vellore District.
+2cc to Mr.K.Rahavan, Advocate SR.No.27041 +1cc to Mr.P.I.Thirumoorthy, Advocate SR.No.27327 +1cc to Government Pleader SR.No.27210 W.P.No.1355 of 2018 AK(CO) GMY(09/04/2019)