S.Natarajan, v. The Deputy Director Of Town
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.2469 of 2018 and W.M.P.No.4871 of 2018 S.Natarajan .. Petitioner Vs.
1. The Deputy Director of Town and Country Planning, Directorate of Town and Country Planning, Sathuvachari, Vellore.
2. The District Collector, Sathuvachari, Vellore.
3. The Revenue Divisional Officer, Revenue Divisional Office, Tirupattur, Vellore District.
4. The Block Development Officer, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
5. The Executive Officer of the Village Panchayat, Ambalur Village Panchayat, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to dispose of the petitioner's representation, dated 29.11.2017 and to take action as against the unauthorised illegal construction on the unapproved layout in Old Survey No.159/1 and its New Survey No.159/1B as per Sections 56 and 57 of the Town and Country Planning Act, 1971 and restore the same to its original condition in the light of the direction of the
first respondent, vide Na.Ka.No.946/2014 VeMa3 within the time fixed by this Court.
For petitioner : Mr.P.S.Kothandaraman For respondents : Mr.A.N.Thambidurai, Spl.G.P.
ORDER
(The Order of the Court was made by M.Venugopal, J) The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to dispose of the petitioner's representation, dated 29.11.2017 and to take action as against the unauthorised illegal construction on the unapproved layout in Old Survey No.159/1 and its New Survey No.159/1B as per Sections 56 and 57 of the Town and Country Planning Act, 1971 and restore the same to its original condition in the light of the direction of the first respondent, vide Na.Ka.No.946/2014 VeMa3 within the time fixed by this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. Learned Special Government Pleader appearing for the respondents submitted that since no proper documents have been produced before the fifth respondent-Executive Officer of Ambalur Village Panchayat and since necessary charges had also not been paid to Ambalur Village Panchayat, the lay-out sanctioned in respect of Velmurugan Nagar, was cancelled and the lay-out approval which was sanctioned in Resolution No.73 of 2014, dated 10.11.2014, was cancelled as per Resolution No.82 of 2014, dated 10.12.2014. These facts are not disputed by the learned counsel for the petitioner.
4. In view of the fact that the lay-out/sanctioned plan in respect of Velmurugan Nagar, was cancelled as stated supra, this Court is of the considered view that nothing further survives for adjudication in the present Writ Petition. Accordingly, while recording the abovesaid facts, the Writ Petition is disposed of. No costs. Consequently, W.M.P. is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cs
To
1. The Deputy Director of Town and Country Planning, Directorate of Town and Country Planning, Sathuvachari, Vellore.
2. The District Collector, Sathuvachari, Vellore.
3. The Revenue Divisional Officer, Revenue Divisional Office, Tirupattur, Vellore District.
4. The Block Development Officer, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
5. The Executive Officer of the Village Panchayat, Ambalur Village Panchayat, Natrampalli Block Development Office, Vaniyambadi Taluk, Vellore District.
+1cc to Mr.P.S.Kothandaraman, Advocate, S.R.No.15752 +1cc to the Government Pleader, S.R.No.15873 W.P.No.2469 of 2018 GJII(CO) RRK(22/03/2018)