P.Bhuvaneshwari v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.1995 & 1996 of 2017 and W.M.P.Nos.1995 & 1996 of 2017 P.Bhuvaneshwari ... Petitioner in W.P.1995/2017 K.Mohamed Shafi ... Petitioner in W.P.1996/2017 Vs

1. The Commissioner, Madurantakam Municipality, Madurantakam, Kancheepuram District.

2. The Deputy Director of Town and Country Planning, No.131, G.S.T. Road, Chengalpattu.

3. S.D.Ashok Kumar ... Respondents in both Petitions Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records relating to issue of the impugned order in Na.Ka.No.838/15/F1 dated 19.01.2017 on the file of the first respondent and quash the same as arbitrary, illegal, invalid and non-est in the eyes of law and consequently direct the respondents 1 and 2 to receive and approve the revised plan and building permit applications submitted by the petitioner. For Petitioner :

Mr.R.Thiagarajan For Respondents :

Mr.P.Srinivas for R1 Mr.R.Vijayakumar Additional Government Pleader for R2 https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) We have given enough indulgence to the petitioners to remedy the position arising from the unauthorised constructions, but to no avail. Multiple proceedings have arisen and today also the request is the same - they will remedy the position themselves.

2. We are of the view that no interference is called for by us under Article 226 of the Constitution of India and if the petitioners want to move the authorities, it is for them to do so.

3. The writ petitions are dismissed.

No costs.

Consequently, W.M.P.Nos.1995 & 1996 of 2017 are also dismissed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To

1. The Commissioner, Madurantakam Municipality, Madurantakam, Kancheepuram District.

2. The Deputy Director of Town and Country Planning, No.131, G.S.T. Road, Chengalpattu.

+4cc's to Mr.R.Thiagarajan, Advocate, S.R.Nos.5133 & 5134 +1cc to Mr.P.Srinivas, Advocate, S.R.No.5474 +1cc to the Government Pleader, S.R.No.5348 W.P.Nos.1995 & 1996 of 2017 SK(CO) CA(02/02/2017) https://hcservices.ecourts.gov.in/hcservices/