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Madras High CourtWP/1435/2024allowed

S.Venugopal v. The Commissioner

2025-04-22Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. S.Venugopal

2. R.Sivakumar ..

Petitioners -vs1. The Commissioner Vellore Corporation Ditter Line Vellore-1

2. P.Kumaran ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to demolish the unauthorized construction of building in Door No.45/2, Infantry Road, Vellore-12 put up by P.Kumaran, the 2nd respondent. For Petitioners ::

Mr.K.V.Ananthakrushnan For Respondents ::

Mr.P.S.Prabhu Standing Counsel for R1 Mr.Jayaraj Houston for M/s Sarvabhauman Associates for R2

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) W.M.P.No.1462 of 2024 seeking to permit the petitioners to file a single writ petition stands ordered on payment of separate Court fee.

2. The writ of mandamus has been instituted to direct the first respondent to demolish the unauthorized construction of building in Door No.45/2, Infantry Road, Vellore-12 put up by Mr.P.Kumaran, the 2nd respondent herein.

3. With reference to the allegations set out in the writ petition that the second respondent has unauthorizedly constructed the buildings, this Court directed the first respondent to conduct inspection and submit a report.

4. The learned Standing Counsel for the Vellore Corporation submitted a copy of the written instructions given by the Assistant Commissioner, Zone-IV, Vellore Corporation dated 09.04.2025.

5. The said instruction reveals that one floor is wholly unauthorized and major deviations and violations are also noticed. In view of the said findings of the first respondent, further actions are to be initiated. Accordingly, the first respondent is directed to initiate enforcement action by following the procedures as contemplated under the statutes and rules and demolish the unauthorized constructions, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition stands allowed. No costs.

Index : yes (S.M.S.,J.) (K.R.S.,J.) 22.04.2025 ss To

1. The Commissioner Vellore Corporation Ditter Line Vellore-1

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 22.04.2025