Madras High CourtWP/15611/2023disposed of

M.P.Abdul Rahman v. The Commissioner

2023-09-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.15104 of 2023 M.P.Abdul Rahman ... Petitioner -vs1. The Commissioner, Arakkonam Municipality, Arakkonam, Ranipet District.

2. B.Srinivasan

3. N.Srinivasan

4. S.Mani ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to remove the obstructions put up by the respondents 2 and 3 in violation of the licence granted to them, the obstruction put up by the 4th respondent, by erecting the structures on either side of the entrance of petitioner's Hotel Alankar at Arakkonam Bus Stand in compliance with the orders made in Na.Ka.1146/2021/A1 dt. 06.07.2021, Na.Ka.No.1777/19/F1 dt. 19.08.2021 and Na.Ka.No.27/21/F1 dt. 20.01.2022 issued by the 1st respondent.

For the Petitioner :

Mr.V.Balaji

For the Respondents :

Mr.D.Ravidhander Special Government Pleader, for R-1 :

Not ready in notice reg. RR 2 & 4 :

Mr.G.Jeremiah for R-3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Balaji, learned counsel for the petitioner, Mr.D.Ravichander, learned Special Government Pleader, for respondent No.1 and Mr.G.Jeremiah, learned counsel for respondent No.3.

2. The question is not about the ownership of the land. The petitioner alleges unauthorised construction on the part of the private respondents.

3. The contention of learned counsel for the private respondents is otherwise.

4. The respondent No.1 is the Planning Authority. It is endowed with the duty to oversee that unauthorised construction does not come up. The respondent No.1 shall conduct the survey of the property preferably within two months from today and depending upon the report of the survey, further steps would be taken by respondent No.1. The writ petition is accordingly disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index : Yes/No : Yes/No sra To

1. The Commissioner, Arakkonam Municipality, Arakkonam, Ranipet District.

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

(sra) 25.09.2023