A.Mohamed Shaik Alaudeen v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA A.Mohamed Shaik Alaudeen ... Petitioner Vs.
1. The District Collector, District Collector Office, Nagapattinam.
2. The Director, Directorate of Municipal Administration, 75 Urba Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3. The Commissioner, Nagapattinam Municipality, Nagapattinam.
4. Shahidha Nasreen
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 and 3 to issue a direction to take action against the 4th repsondent base don the Show Page 1/5
Cause notice issued by the 3rd respondent dated 03.01.2022 For Petitioner : Mr.Swami Subramanian For Respondents : Mr.E.Vijay Anand, Additional Government Pleader for R1 Mr.A.Selvendran, Special Government Pleader for R2 Mr.P.Srinivas, Standing Counsel for R3 Mr.T.Ananthasekar for R4
O R D E R
This writ petition has been filed seeking for a direction to the respondents 1 to 3 to take action against the 4th respondent, based on the show cause notice issued by the 3rd respondent dated 03.01.2022.
2. Learned counsel for the petitioner would submit that the petitioner is the owner of a residential house at No.2/415, Kosa Marakayar Street, Nagoor, Nagapattinam District and the 4th respondent had constructed a Commercial Colony house on the southern side of the petitioner's house in the total plot area, without following the due process of law and not leaving setback, ventilation facility etc. which creates much disturbance to the petitioner as well as his neighbours. Therefore, the petitioner made representation dated 22.10.2021 to the surveyor and the 1st respondent to direct the 3rd respondent to stop the illegal Page 2/5
construction of the 4th respondent. Subsequently, the 3rd respondent had sent a letter dated 04.01.2022 to the petitioner stating that on 03.01.2022, a notice under section 205(1)(2) of Tamil Nadu District Municipalities Act, 1920, was issued by him to the 4th respondent to alter the construction work within 15 days from the date of notice as per the approved plan. Thereafter, there was no progress in the matter. Hence, the petitioner is before this Court seeking the aforesaid relief.
3. Learned counsel appearing for the 4th respondent is present before this Court and he has also filed a counter. At paragraph No.8 of the counter filed by the 4th respondent, it has been stated that while constructing the building, there was a small deviation (4" x 39") from the approved plan and permit, issued by the Municipal Commissioner, Nagapattinam and that the deviation is rectifiable and it is within permissible limits as per the norms of the Municipal Commissioner and that he reserves his right to file appropriate application and give proper explanation to the 3rd respondent.
4. Considering the facts and circumstances of the case, a direction is issued to the 3rd respondent to conduct an enquiry and pass a final order in respect of the show cause notice dated 03.01.2022, on merits Page 3/5
and in accordance with law, after affording due opportunity of hearing to the 4th respondent as well as the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.
(J.N.B,J.) (N.M., J.) Index : Yes / No 17.07.2023 vsi To
1. The District Collector, District Collector Office, Nagapattinam.
2. The Director, Directorate of Municipal Administration, 75 Urba Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3. The Commissioner, Nagapattinam Municipality, Nagapattinam.
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J. NISHA BANU, J.
and N.MALA,J.
vsi 17.07.2023 Page 5/5