M.Jayageetha v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN M.Jayageetha ... Petitioner -vs1. The Director Town And Country Planning Department, (Planning Permission), 2nd, 3rd and 4th Floor, C & E Market Road, Koyambedu, Chennai 600 107.

2. The Joint Director, Town And Country Planning Department, (Planning Permission), No.27/A, Mariamman Koil Street, Manalurpet Road, Tiruvannamalai-606 601.

3. The Deputy Director, Town And Country Planning Department, (Planning Permission), No.27/A, Mariamman Koil Street, Manalurpet Road, Tiruvannamalai 606 601.

4. The Assistant Director, Town And Country Planning Department, (Planning Permission), No.27/A, Mariamman Koil Street, Manalurpet Road, Tiruvannamalai 606 601.

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5. The Commissioner, Cheyyar Town Panchayat, Cheyyar, Tiruvannamalai District-604 407.

6. S.Vinayagamurthy, (M/A45 Years), S/o.Sambath, No.96, Gopal Street Extension, Cheyyar Taluk, Tiruvannamalai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider and dispose of the representation of the petitioner dated 04.11.2024.

For Petitioner : Mr.T.V.G.Kartheeban For R1 to R5 : Mr.M.Venkateswaran Spl. Govt. Pleader *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 5 to consider and dispose of the representation of the petitioner dated 04.11.2024.

2. Mr.M.Venkateswaran, learned Special Government Pleader takes notice for the respondents 1 to 5. Notice to R6 is dispensed with, as no 2/6

adverse order is going to be passed against him. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.

3. It is the case of the petitioner that the 6th respondent, without obtaining building permission, had constructed an unauthorized house containing ground and 1st floors. The 6th respondent also encroached 110 sq.ft. of public pathway and there has been a violation of the provisions of the Town and Country Planning Act, 1971. According to the petitioner, though he had given a representation dated 04.11.2024 to the respondents 1 to 5 for demolition of the unauthorized building, it did not evoke any response from the respondents. Hence, the petitioner is before this Court.

4. Learned Special Government Pleader appearing for the respondents 1 to 5 stated that a reasonable time may be granted to the respondents 1 to 5 for considering and passing appropriate orders on the representation of the petitioner.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the 3/6

petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 to 5 to consider the representation dated 04.11.2024 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R6 and other parties concerned and thereafter, pass necessary orders. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

(J.N.B.J.,) (M.J.R,J.,) 03.06.2025 Index: Yes / No Internet: Yes / No ar 4/6

To:

1. The Director Town And Country Planning Department, (Planning Permission), 2nd, 3rd and 4th Floor, C & E Market Road, Koyambedu, Chennai 600 107.

2. The Joint Director, Town And Country Planning Department, (Planning Permission), No.27/A, Mariamman Koil Street, Manalurpet Road, Tiruvannamalai-606 601.

3. The Deputy Director, Town And Country Planning Department, (Planning Permission), No.27/A, Mariamman Koil Street, Manalurpet Road, Tiruvannamalai 606 601.

4. The Assistant Director, Town And Country Planning Department, (Planning Permission), No.27/A, Mariamman Koil Street, Manalurpet Road, Tiruvannamalai 606 601.

5. The Commissioner, Cheyyar Town Panchayat, Cheyyar, Tiruvannamalai District-604 407.

6. S.Vinayagamurthy, (M/A45 Years), S/o.Sambath, No.96, Gopal Street Extension, Cheyyar Taluk, Tiruvannamalai District.

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J.NISHA BANU, J.

AND M.JOTHIRAMAN , J.

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