A.Gangadharan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.22830 of 2018 A.Gangadharan : Petitioner Vs 1.The State of Tamil Nadu Rep. by its Secretary Housing and Urban Development Department Fort St. George, Chennai - 9 2.The Commissioner/ Director Chengalvarayan Building 3rd & 4th Floor, No.807 Anna Salai Chennai - 2 3.The Zonal Director Salem Region, No.6 Sannathi Street, Subramaniaya Nagar Suramangalam, Salem - 636005 4.The Executive Officer Valapaday Town Panchayat Valapady Town Panchayat Office Valapady Post & Taluk, Salem District

5.A.Murugan 6.Sridhar : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 4 to dispose the representation of the petitioner dated 14.08.2018 and consequently initiate proceedings to demolish the unauthorized construction made by the respondent 5 & 6 in respect of the properties mentioned in Survey Nos.62/3, 66/4, 273/2, 272/29, 271/35 265/14, 186/6, 179/9A, 179/9C in the name of buildings Udhayakrishna Silk and Readymades, Mugil Readymades, Om Sivamurugan Commercial Complex, TVS Cycle Stand and other buildings and further initiate proceedings against respondents 5 and 6 for the amount collected from the commercial building as rent for the past 4 years.

For the Petitioner No appearance For Respondents 1 to 3 Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.Karthik Jegannathan, Government Advocate For Respondents 5 & 6 Mr.A.E.Ravichandran For Respondent No.4 No appearance WP No.17437 OF 2018 G.Rajkumar : Petitioner Vs 1.The Commissioner Chengalvarayan Building, 3rd & 4th Floor 807, Anna Salai, Chennai-600 002.

2.The Zonal Director

Salem Region, 6, Sannathi street, Subramaniya Nagar, Suramangalam Salem-636 005.

3.The Executive Officer Valapady Town Panchayat Valapady Post & Taluk, Salem District.

4.The Executive Engineer TANGEDCO (TNEB) Valapady Post & Taluk Salem District.

5.Natarajan 6.A..Murugam 7.Sridhar 8.Saroja : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 2 & 3 to take appropriate action for demolition of the unauthorized construction of the 5 to 8 respondents premises which is situated in 12th Ward, Salem, Cuddalore main road, S.No.63/3, TVS cycle Stand and Buildings and 12th ward, Salem, Cuddalore Main Road, S.No.66/4 Commercial Building and 12th ward Salem Cuddalore Main Road, S.No.66/4 buildings and 12th ward, Salem, Cuddalore Main Road, S.No.273/2 Mahil readymade Centre Building and S.No.272/29 Commercial Building and 9th Ward Salem Cuddalore Main Road S.No.271/35 Udayakrishna Silks and readymade centre and 8th ward Subbaraya Pandayaram Street S.No.265/4 buildings and 9th ward S.No.

273/2, 272/29, 271/35, commercial building and other buildings situated in Valapady town Panchayat, Salem District which is situated in Valapadi Municipality and Town, Salem District based on the petitioner's representation dated 22.05.2018 and reminder representation dated 13.06.2018.

For the Petitioner No appearance For Respondents 1 & 2 Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.Karthik Jegannathan,

Government Advocate For 3rd Respondent Mr.V.Jayaprakash Narayanan For 4th respondent Mr.Abulkalam For Respondents 6 to 8 Mr.A.E.Ravichandran COMMON ORDER (Made by the Hon'ble Chief Justice) None appears for the petitioners. Learned counsel for the private respondents submits that similar writ petition was filed by the relatives of the present petitioners bearing WP No.7401 of 2018 and the same was dismissed with cost of Rs.10,000/-. Various suits are pending between the parties. The respondents have obtained various permissions and there is no illegal construction.

2. As none appears for the petitioners, the writ petitions are dismissed. There will be no order as to costs. Consequently, WMP Nos.20717, 201718 of 2018 are closed.

(S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : Yes/No : Yes/No tar

To 1.The Secretary Housing and Urban Development Department Fort St. George, Chennai - 9 2.The Commissioner/ Director Chengalvarayan Building 3rd & 4th Floor, No.807 Anna Salai Chennai - 2 3.The Zonal Director Salem Region, No.6 Sannathi Street, Subramaniaya Nagar Suramangalam, Salem - 636005 4.The Executive Officer Valapaday Town Panchayat Valapady Town Panchayat Office Valapady Post & Taluk, Salem District 5.The Executive Engineer TANGEDCO (TNEB) Valapady Post & Taluk Salem District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 25.08.2023