Mr.Raghuram v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Mr.Raghuram S/o Malmarugan ..

Petitioner -vs1. The Assistant Director District Town and Country Planning Office Collectorate Master Plan, 45 Floor/D Block Vedanarayanapuram Chengalpattu District 603 111

2. The Panchayat President Paramankeni Village Panchayat Lathoor Panchayat Union Seekigankuppam Post, Cheyyur Taluk Chengalpattu 603 305 ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the entire records of impugned proceeding initiated by the 1st respondent in Notice No.01/2024/DTCP/CD3 dated 10.04.2024 and to quash the same as arbitrary, unjust, unlawful.

For Petitioner ::

Mr.Raja.A For Respondents ::

Mrs.E.Ranganayaki Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The Form-III notice issued under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 dated 10.04.2024 is sought to be quashed in the present writ proceedings.

2. Pursuant to the inspection conducted on 12.03.2024, the competent authorities found that an unauthorized development of building has been carried out in the premises in Survey No.498/1B4A(part), 498/2B12A1A, Paramankeni Village, Lathur Panchayat Union, Cheyyur Taluk, Chengalapttu District without permission. Therefore, Form-III notice was issued to the writ petitioner to demolish/alter the building for achieving setback spaces and rectify the violation in compliance with the Tamil Nadu Combined Development and Building Rules, 2019, within 30 days. The

petitioner, instead of complying with the rules, has chosen to file the present writ petition.

3. The learned counsel appearing on behalf of the petitioner is unable to establish that in pursuance of the notice, the violations are rectified. Admittedly, the authorities found violations/unauthorized constructions without planning permission. That being so, the petitioner has not established any acceptable ground for the purpose of entertaining the writ petition. Accordingly, the writ petition stands dismissed. Consequently, interim order stands vacated and the W.M.P.No.15117 of 2024 is also dismissed. No costs.

Index : yes (S.M.S.,J.) (K.R.S.,J.) 25.03.2025 ss To

1. The Assistant Director District Town and Country Planning Office Collectorate Master Plan, 45 Floor/D Block Vedanarayanapuram, Chengalpattu District 603 111

2. The Panchayat President Paramankeni Village Panchayat Lathoor Panchayat Union Seekigankuppam Post, Cheyyur Taluk Chengalpattu 603 305

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 25.03.2025